Southern District Florida

Document Sample
Southern District Florida Powered By Docstoc
					     LOCAL RULES




United States District Court

          for the

Southern District of Florida




         Revised April 2004
    UNITED STATES DISTRICT JUDGES


Chief United States District Judge William J. Zloch
         (954) 769-5480 Fort Lauderdale

            Judge Federico A. Moreno
              (305) 523-5110 Miami

             Judge Donald L. Graham
              (305) 523-5130 Miami

             Judge K. Michael Moore
              (305) 523-5160 Miami

          Judge Ursula Ungaro-Benages
             (305) 523-5550 Miami

           Judge Daniel T. K. Hurley
        (561) 803-3450 West Palm Beach

               Judge Joan A. Lenard
              (305) 523-5500 Miami

         Judge Donald M. Middlebrooks
        (561) 514-3720 West Palm Beach

                Judge Alan S. Gold
              (305) 523-5580 Miami

          Judge William P. Dimitrouleas
         (954) 769-5650 Fort Lauderdale

              Judge Patricia A. Seitz
              (305) 523-5530 Miami

             Judge Adalberto Jordan
             (305) 523-5560 Miami

                Judge Paul C. Huck
              (305) 523-5520 Miami

            Judge Kenneth A. Marra
         (954) 769-5680 Fort Lauderdale
UNITED STATES DISTRICT JUDGES (cont’d)


           Judge Jose E. Martinez
           (305) 523-5590 Miami

         Judge Cecilia M. Altonaga
           (305) 523-5510 Miami

             Judge James I. Cohn
       (954) 769-5490 Fort Lauderdale



SENIOR UNITED STATES DISTRICT JUDGES

     Senior Judge James Lawrence King
           (305) 523-5000 Miami


      Senior Judge William M. Hoeveler
           (305) 523-5570 Miami


      Senior Judge Jose A. Gonzalez, Jr.
       (954) 769-5560 Fort Lauderdale


        Senior Judge James C. Paine
      (561) 803-3430 West Palm Beach


      Senior Judge Kenneth L. Ryskamp
      (561) 803-3420 West Palm Beach


       Senior Judge Shelby Highsmith
           (305) 523-5170 Miami
UNITED STATES MAGISTRATE JUDGES


  Chief Magistrate Judge Ann E. Vitunac
    (561) 803-3440 West Palm Beach

   Magistrate Judge William C. Turnoff
         (305) 523-5710 Miami

    Magistrate Judge Lurana S. Snow
    (954) 769-5460 Fort Lauderdale

   Magistrate Judge Linnea R. Johnson
    (561) 803-3470 West Palm Beach

    Magistrate Judge Ted E. Bandstra
        (305) 523-5700 Miami

   Magistrate Judge Stephen T. Brown
        (305) 523-5740 Miami

    Magistrate Judge Barry S. Seltzer
    (954) 769-5450 Fort Lauderdale

    Magistrate Judge Barry L. Garber
        (305) 523-5730 Miami

   Magistrate Judge Frank J. Lynch, Jr.
      (772) 595-9312 Fort Pierce

    Magistrate Judge Robert L. Dubé
        (305) 523-5770 Miami

  Magistrate Judge Andrea M. Simonton
         (305) 523-5930 Miami

   Magistrate Judge John J. O’Sullivan
         (305) 523-5920 Miami

    Magistrate Judge Patrick A. White
         (305) 523-5780 Miami

   Magistrate Judge James M. Hopkins
    (561) 514-3710 West Palm Beach
UNITED STATES MAGISTRATE JUDGES (cont’d)


         Magistrate Judge Theodore Klein
             (305) 523-5750 Miami

         Magistrate Judge Edwin G. Torres
          (954) 769-5670 Fort Lauderdale

        Magistrate Judge Chris M. McAliley
              (305) 523-5890 Miami

     Senior Magistrate Judge Peter R. Palermo
             (305) 523-5760 Miami

    Magistrate Judge Hugh J. Morgan (part-time)
             (305) 295-8110 Key West
                      OFFICE OF THE CLERK OF COURT
                          http://www.flsd.uscourts.gov

                                Clarence Maddox
                        Court Administrator • Clerk of Court

   301 North Miami Avenue, Room 150, Miami, Florida 33128-7788 (305) 523-5100
299 East Broward Boulevard, Room 108, Fort Lauderdale, Florida 33301 (954) 769-5400
   701 Clematis Street, Room 402, West Palm Beach, Florida 33401 (561) 803-3400
      300 S. 6th Street, Second Floor, Fort Pierce, Florida 34950 (772) 595-9691
       301 Simonton Street, Room 130, Key West, Florida 33040 (305) 295-8100

             AFTER HOURS EMERGENCIES - CLERK’S OFFICES

                              Miami (305) 277-6939
                         Fort Lauderdale (954) 878-4224
                         West Palm Beach (561) 606-9376



                         UNITED STATES ATTORNEY
                             Marcos Daniel Jimenez

                              Miami (305) 961-9000
                         Fort Lauderdale (954) 356-7255
                         West Palm Beach (561) 820-8711
                           Fort Pierce (772) 466-0899



                          UNITED STATES MARSHAL
                                Christina Pharo

                              Miami (305) 536-5346
                         Fort Lauderdale (954) 356-7256
                         West Palm Beach (561) 655-1827
                           Fort Pierce (772) 467-1723
                            Key West (305) 296-3023


                         FEDERAL PUBLIC DEFENDER
                             Kathleen M. Williams

                       Miami (305) 536-6900/(305) 530-7000
                          Fort Lauderdale (954) 356-7436
                         West Palm Beach (561) 833-6288
                            Fort Pierce (772) 461-9435
                                                  LOCAL RULES
                                                     OF THE
                                          UNITED STATES DISTRICT COURT
                                                    FOR THE
                                          SOUTHERN DISTRICT OF FLORIDA

                                                Revised Effective April 15, 2004

                                                                     -----

                                                              Table of Rules

                                                         GENERAL RULES

Rule

1.1 Scope of the Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
        A. Title and Citation.
        B. Effective Date.
        C. Scope of Rules.
        D. Relationship to Prior Rules.
        E. Rules of Construction and Definitions.
3.1 Docketing and Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.2 Separate Dockets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.3 Civil Cover Sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.4 Assignment of Actions and Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.5 Responsibility for Actions and Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.6 Recusals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.7 Reassignment of Cases Due to Recusal, Temporary Assignment or Emergency . . . . . . . . . . 5
3.8 Duty Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3.9 Transfer of Refiled and Similar Actions and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
        A. Refiled.
        B. Post-conviction Relief, Criminal.
        C. Similar.
        D. Notice to Court.
5.1 Filing and Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
        A. Form.
        B. Place and Time of Filing.
        C. Three–Judge Courts.
        D. Restriction on Courtesy Copies.
        E. Notices of Filing; Form and Content
Form Following Rule 5.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.2 Proof of Service and Service by Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
        A. Certification of Service.
        B. Initial Process.
        C. Publication.
        D. Service of Pleadings and Papers Subsequent to Original Complaint.

                                                                        i
5.3 Files and Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
        A. Removal of Original Papers.
        B. Exhibits.
        C. Removal of Exhibits.
        D. Closed Files.
5.4 Filings Under Seal; Disposal of Sealed Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
        A. General Policy.
        B. Procedure for Filings Under Seal.
        C. Court Ruling.
        D. Disposition of Sealed Matter.
Form Following Rule 5.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5.5 Electronic Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
7.1 Motions, General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
        A. Filing.
        B. Hearings.
        C. Memorandum of Law.
        D. Orders Made Orally in Court.
        E. Emergency Motions.
        F. Applications Previously Refused.
7.2 Motions Pending on Removal or Transfer to This Court . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
7.3 Attorneys Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
        A. Upon Entry of Final Judgment or Order.
        B. Prior to Entry of Final Judgment.
7.5 Motions for Summary Judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
        A. Motions for Summary Judgment.
        B. Opposition Papers.
        C. Statement of Material Facts.
        D. Effect of Failure To Controvert Statement Of Undisputed Facts.
        E. Briefing Schedule.
7.6 Continuances of Trials and Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
7.7 Correspondence to the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
9.1 Request for Three–Judge Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
11.1 Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
        A. Roll of Attorneys.
        B. Contempt of Court.
        C. Professional Conduct.
        D. Appearance by Attorney.
        E. Relations With Jury.
        F. Relation to Other Rules.
12.1 Civil RICO Case Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
15.1 Form of a Motion to Amend and Its Supporting Documentation . . . . . . . . . . . . . . . . . . . . 29
16.1 Pretrial Procedure in Civil Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
        A. Differentiated Case Management in Civil Actions.
        B. Scheduling Conference and Order.
        C. Pretrial Conference Mandatory.


                                                                      ii
       D. Pretrial Disclosures and Meeting of Counsel.
       E. Pretrial Stipulation Must Be Filed.
       F. Unilateral Filing of Pretrial Stipulation Where Counsel Do Not Agree.
       G. Record of Pretrial Conference Is Part of Trial Record.
       H. Discovery Proceedings.
       I. Newly Discovered Evidence or Witnesses.
       J. Memoranda of Law.
       K. Exchange Expert Witness Summaries/Reports.
       L. Proposed Jury Instructions or Proposed Findings of Facts and Conclusions of Law.
       M. Penalty for Failure to Comply.
16.2 Court Annexed Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
       A. General Provisions.
       B. Certification; Qualification and Compensation of Mediators.
       C. Types of Cases Subject to Mediation.
       D. Procedures to Refer a Case or Claim to Mediation.
       E. Party Attendance Required.
       F. Mediation Report; Notice of Settlement; Judgment.
       G. Trial Upon Impasse.
       H. Forms for Use in Mediation.
16.3 Calendar Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
       A. Priorities.
       B. Additional Circumstances.
       C. Notice and Agreement; Resolution by Judges.
23.1 Class Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
24.1 Constitutional Challenge to Act of Congress or State Statute . . . . . . . . . . . . . . . . . . . . . . . 46
       A. Act of Congress.
       B. State Statute.
       C. No Waiver.
26.1 Discovery and Discovery Documents (Civil) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
       A. Initial Disclosures.
       B. Service and Filing of Discovery Material.
       C. Discovery Material to Be Filed With Motions.
       D. Discovery Material to Be Filed at Outset of Trial or at Filing of Pre-trial or Post-trial
       Motions.
       E. Discovery Material to Be Filed on Appeal.
       F. Timing of Discovery.
       G. Interrogatories and Document Requests.
       H. Discovery Motions.
       I. Certificate of Counsel.
       J. Reasonable Notice of Taking Depositions.
       K. Length of Depositions.
30.1 Sanctions for Abusive Deposition Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
40.1 Notice That Action Is at Issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
41.1 Dismissal for Want of Prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
45.1 Subpoenas for Deposition and Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53


                                                                    iii
47.1 Juries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
       A. Civil Cases.
       B. Taxation of Costs.
62.1 Appeal Bonds; Automatic Stay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
       A. Appeal Bonds.
       B. Extension of Automatic Stay When Notice of Appeal Filed.
67.1 Authorized Depository Banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
77.1 Photographing, Broadcasting, Televising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
77.2 Release of Information in Criminal and Civil Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 57
       A. By Attorneys.
       B. By Courthouse Personnel.
87.1 Authority of Bankruptcy Judges to Make Local Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
87.2 Reference of Bankruptcy Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
87.3 Motions for Withdrawal of Reference of Case or Proceeding from the
        Bankruptcy Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
87.4 Bankruptcy Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
       A. Assignment.
       B. Limited Authority of Bankruptcy Court to Dismiss Appeals Prior to Transmittal
                of Record to District Court.
       C. Motions for Stay and Other Intermediate Requests for Relief.
       D. Motions for Leave to Appeal.
       E. Briefs.
       F. Oral Argument.
       G. Judgment.
       H. Appeal.
       I. Notice.
       J. Court Discretion.
87.5 Designation of Bankruptcy Judges to Conduct Jury Trials . . . . . . . . . . . . . . . . . . . . . . . . . 64
88.1 Appointment of Counsel for Indigent Defendants in Criminal Proceedings . . . . . . . . . . . . 64
88.2 Petitions for Writs of Habeas Corpus, Motions Pursuant to 28 U.S.C. § 2241,
       Motions Pursuant to 28 U.S.C. § 2255 and Prisoner Complaints Pursuant to
        42 U.S.C. § 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
88.3 Petty Offenses—Public Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
       A. Collateral and Mandatory Appearance.
       B. Forfeiture of Collateral.
       C. Failure to Post Collateral.
       D. Arrest.
88.4 Certain Offenses Pertaining to--National Parks, Preserves,
       Government Reservations, Historic Sites, Treaties and Wildlife Acts . . . . . . . . . . . . . . 67
       A. Covered Offenses.
       B. Collateral and Mandatory Appearance.
       C. Forfeiture of Collateral.
       D. Failure to Post Collateral.
       E. Arrest.



                                                                       iv
88.5 Speedy Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
       A. Waiver of Sanctions.
       B. Speedy Trial Reports.
88.6 Dangerous Special Offender Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
88.7 Retained Criminal Defense Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
88.8 Presentence Investigations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
88.9 Motions in Criminal Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
88.10 Criminal Discovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

Appendices
Appendix A Discovery Practices Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
      I.     Discovery in General.
      II.    Depositions.
      III.   Production of Documents.
      IV.    Interrogatories.
      V.     Privilege.
      VI.    Motions to Compel or for a Protective Order.
 Appendix B Standard Form Interrogatories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
 Appendix C Form of Defendant’s Waiver of Statutory Right to Speedy Trial . . . . . . . . . . . . . 94

                                      ADMIRALTY AND MARITIME RULES

A. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
       (1) Scope of the Local Admiralty and Maritime Rules.
       (2) Citation Format.
       (3) Application of Local Admiralty and Maritime Rules.
       (4) Designation of "In Admiralty" Proceedings.
       (5) Verification of Pleadings, Claims and Answers to Interrogatories.
       (6) Issuance of Process.
       (7) Publication of Notices.
       (8) Form and Return of Process in In Personam Actions.
       (9) Judicial Officer Defined.
       (10) Appendix of Forms.
B. Attachment and Garnishment: Special Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
       (1) Definition of "Not Found Within the District".
       (2) Verification of Complaint Required.
       (3) Pre-seizure Requirements.
       (4) Notification of Seizure to Defendant.
       (5) Post-attachment Review Proceedings.
       (6) Procedural Requirement for the Entry of Default.
       (7) Procedural Requirements for the Entry of Default Judgment.
C. Action In Rem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
       (1) Verification Requirements.
       (2) Pre-seizure Requirements.
       (3) Special Requirements for Actions Involving Freight, Proceeds and/or Intangible Property.


                                                                      v
       (4) Publishing Notice of the Arrest as Required by Supplemental Rule (C)(4).
       (5) Undertaking in Lieu of Arrest.
       (6) Time for Filing Claim or Answer.
       (7) Post-arrest Proceedings.
       (8) Procedural Requirements Prior to the Entry of Default.
       (9) Procedural Requirements for the Entry of Default Judgment.
D. Possessory, Petitory and Partition Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
       (1) Establishing Dates for the Return of Process.
E. Actions In Rem and Quasi In Rem: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
       (1) Statement of Itemized Damages and Expenses Required.
       (2) Requirements and Procedures for Effecting Intervention.
       (3) Special Requirements for Salvage Actions.
       (4) Form of Stipulation or Bonds.
       (5) Deposit of Marshal's Fees and Expenses Required Prior to Effecting Arrest,
               Attachment and/or Garnishment.
       (6) Property in Possession of a United States Officer.
       (7) Process Held in Abeyance.
       (8) Release of Property in Accordance With Supplemental Rule (E)(5).
       (9) Application to Modify Security for Value and Interest.
       (10) Custody and Safekeeping.
       (11) Preservation, Humanitarian and Repatriation Expenses.
       (12) Property in Incidental Custody and Otherwise Not Subject to the
               Arrest or Attachment.
       (13) Dismissal.
       (14) Judgments.
       (15) Stay of Final Order.
       (16) Notice of Sale.
       (17) Sale of a Vessel or Property.
       (18) Post-sale Claim.
F. Actions to Limit Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
       (1) Publication of the Notice.
       (2) Proof of Publication.
       (3) Appraisals Pursuant to Supplemental Rule (F)(7).
       (4) Objections to the Appraisal.
       (5) Fees of the Appraiser.

                                            APPENDIX OF FORMS.
                                       ADMIRALTY AND MARITIME RULES

Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127

1. Order Directing the Issuance of the Process of Attachment and Garnishment.
2. Process of Attachment and Garnishment.
3. Order Directing the Issuance of the Warrant of Arrest.



                                                                        vi
4. Warrant for Arrest In Rem.
5. Motion for Appointment of Substitute Custodian.
6. Consent and Indemnification Agreement for the Appointment of a Substitute Custodian.
7. Notice of Action In Rem and Arrest of Vessel.
8. Motion for Release of a Vessel or Property in Accordance With Supplemental Rule (E)(5).
9. Order Directing the Release of a Vessel or Property in Accordance With Supplemental
       Rule (E)(5).
10. Request for Confirmation of Sale.
11. Confirmation of Sale.
12. Summons and Process of Maritime Attachment and Garnishment.
13. Maritime Summons to Show Cause Respecting Intangible Property.
14. Affidavit—Foreign Attachment.

                                             MAGISTRATE JUDGE RULES

1. Authority of United States Magistrate Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
       (a) Duties Under 28 U.S.C. § 636(a).
       (b) Disposition of Misdemeanor Cases—18 U.S.C. § 3401; Fed.R.Crim.P. 58.
       (c) Determination of Non–dispositive Pretrial Matters—28 U.S.C. § 636(b)(1)(A).
       (d) Recommendations Regarding Case–Dispositive Motions—28 U.S.C. § 636(b)(1)(B).
       (e) Prisoner Cases Under 28 U.S.C. §§ 2254 and 2255.
       (f) Prisoner Cases Under 42 U.S.C. § 1983.
       (g) Special Master References.
       (h) Conduct of Trials and Disposition of Civil Cases Upon Consent of the Parties—
               28 U.S.C. § 636(c).
       (i) Other Duties.
2. Assignment of Matters to Magistrate Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
3. Procedures Before the Magistrate Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
       (a) In General.
       (b) Special Provisions for the Disposition of Civil Cases by a Magistrate Judge on
               Consent of the Parties—28 U.S.C. § 636(c).
4. Review and Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
       (a) Appeal of Non-dispositive Matters—Government Appeal of Release Order.
       (b) Review of Case–Dispositive Motions and Prisoner Litigation—28 U.S.C.
               § 636(b)(1)(B).
       (c) Special Master Reports—28 U.S.C. § 636(b)(2).
       (d) Appeal From Judgments in Misdemeanor Cases—18 U.S.C. § 3402.
       (e) Appeal From Judgments in Civil Cases Disposed of on Consent of the
               Parties—28 U.S.C. § 636(c).

FORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Notice of Right to Consent to Disposition of a Civil Case by a United States Magistrate Judge.
Consent to Proceed Before a United States Magistrate Judge.




                                                                     vii
SPECIAL RULES GOVERNING THE ADMISSION AND PRACTICE OF ATTORNEYS

1. Qualifications for Admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
2. Procedure for Applying for Admission and Proof of Qualifications . . . . . . . . . . . . . . . . . . . 153
3. Retention of Membership in the Bar of this Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
4. Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
        A. Who May Appear Generally.
        B. Special or Limited Appearance.
        C. Government Attorneys.
5. Peer Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
        A. Purpose.
        B. Duties and Responsibilities of the Committee.
        C. Referral to the Court.
        D. Obligation to Cooperate With Committee.
        E. Failure to Respond to Committee.
        F. Confidentiality.
        G. Separation From Disciplinary Proceedings.
        H. Committee Immunity.
        I. Report to the Court.
6. Student Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
        A. Purpose.
        B. Student Requirements.
        C. Program Requirements.
        D. Supervisor Requirements.
        E. Certification of Student, Program and Supervising Attorneys.
        F. Activities.
        G. Court Administration.
7. Ad Hoc Committee on Attorney Admissions, Peer Review and Attorney Grievance . . . . . . 160
        A. Establishment and Function.
        B. Memberships.
8. Effective Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161


                               RULES GOVERNING ATTORNEY DISCIPLINE

Prefatory Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161

Rule

I. Standards for Professional Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
II. Ad Hoc Committee on Attorney Admissions, Peer Review and Attorney Grievance . . . . . 163
  A. Establishment and Membership.
  B. Purpose and Function.
  C. Jurisdiction and Powers.



                                                                    viii
III. Disciplinary Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
IV. Attorneys Convicted of Crimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
V. Discipline Imposed by Other Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
VI. Disbarment on Consent or Resignation in Other Courts . . . . . . . . . . . . . . . . . . . . . . . . . . 167
VII. Disbarment on Consent While Under Disciplinary Investigation or Prosecution . . . . . . 168
VIII. Incompetence and Incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
IX. Reinstatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
  A. After Disbarment or Suspension.
  B. Time of Application Following Disbarment.
  C. Hearing on Application.
  D. Conditions of Reinstatement.
  E. Successive Petitions.
  F. Deposit for Costs of Proceeding.
X. Attorneys Specially Admitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
XI. Appointment of Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
XII. Service of Paper and Other Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
XIII. Duties of the Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171




                                                                    ix
                                   LOCAL RULES
                                      OF THE
                           UNITED STATES DISTRICT COURT
                                     FOR THE
                           SOUTHERN DISTRICT OF FLORIDA



GENERAL RULES

RULE 1.1 SCOPE OF THE RULES

A. Title and Citation. These Rules shall be known as the Local Rules of the United States
District Court for the Southern District of Florida. They may be cited as “S.D. Fla. L.R.”

B. Effective Date. These rules become effective February 15, 1993, provided however, that the
1994 amendments shall take effect on December 1, 1994, the 1996 amendments shall take effect on
April 15, 1996, the 1997 amendments shall take effect on April 15, 1997, the 1998 amendments
shall take effect on April 15, 1998, the 1999 amendments shall take effect on April 15, 1999, the
2000 amendments shall take effect on April 15, 2000, the 2001 amendments shall take effect on
April 15, 2001, the 2002 amendments shall take effect on April 15, 2002, the 2003 amendments
shall take effect on April 15, 2003, and the 2004 amendments shall take effect on April 15, 2004,
and shall govern all proceedings thereafter commenced and, insofar as just and practicable, all
proceedings then pending

C. Scope of Rules. These rules shall apply in all proceedings in civil and criminal actions except
where indicated otherwise. Additional rules governing procedures before Magistrate Judges and in
admiralty may be found herein.

D. Relationship to Prior Rules. These rules supersede all previous rules promulgated by this
Court or any Judge of this court.

E. Rules of Construction and Definitions. United States Code, Title 1, Sections 1 to 5, shall, as
far as applicable, govern the construction of these rules.

Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 1997; April 15, 1998; April 15,
1999; April 15, 2000; April 15, 2001; April 15, 2002; April 15, 2003; April 15, 2004.

                                            Authority

(1993) Model Rule 1.1 (All references to “Model Rules” refer to the Local Rules Project of the
Committee on Rules of Practice and Procedure of the Judicial Conference of the United States.)




                                                1
                                             Comment

(1994) The following local rules were amended or adopted by Administrative Order 94-51, In Re
Amendments To The Local Rules: Local General Rules 1.1.B., 5.1.A.9., 5.2.D., 7.3., 16.1.B.,
16.1.B.K., 26.1, 88.2 and 88.9; Local Magistrate Rule 4(a)(1); and Rule 4F of the Special Rules
Governing the Admission and Practice of Attorneys.

RULE 3.1 DOCKETING AND TRIAL

A. This court shall be in continuous session at Miami, Ft. Lauderdale and West Palm Beach,
Florida, for transacting business on all business days throughout the year.

B. Sessions of this Court shall be held at the places enumerated above as required by 28 U.S.C.
§ 89, and as ordered by the Court.

C. Dade County actions and proceedings shall be tried at Miami, Florida.

D. Monroe County actions and proceedings shall be tried at Key West, Florida.

E. Broward County actions and proceedings shall be tried at Fort Lauderdale, Florida.

F.   Palm Beach County actions and proceedings shall be tried at West Palm Beach, Florida.

G. Highlands, Indian River, Martin, Okeechobee and St. Lucie County actions and proceedings
shall be tried at Ft. Pierce, Florida.

H. Notwithstanding the foregoing, any civil or criminal proceeding or trial may upon Order of
Court, in the interest of justice, the status of the docket, or to assure compliance with requirements
imposed under the Speedy Trial Act, be conducted at any jury division within the district.

Effective Dec. 1, 1994.

                                             Authority

(1993) Former Local Rules 1 and 2. Collier, Hendry and Glades Counties were transferred to the
Middle District of Florida by P.L. 100-702.

                                             Comments

(1993) Renumbered per Model Rules.

RULE 3.2 SEPARATE DOCKETS

A. Separate dockets for all actions and proceedings shall be maintained in the following categories:



                                                  2
    1. Civil.

    2. Criminal.

B. Within each docket all actions or proceedings shall be numbered consecutively upon the filing
of the first document.

Effective Dec. 1, 1994.

                                             Authority

(1993) Former Local Rule 3.

                                             Comments

(1993) Renumbered per Model Rules.

RULE 3.3 CIVIL COVER SHEET

Every Complaint or other document initiating a civil action shall be accompanied by a completed
civil cover sheet, on a form available from the clerk. This requirement is solely for administrative
purposes, and matters appearing only on the civil cover sheet have no legal effect in the action.

Effective Dec. 1, 1994.

                                             Authority

(1993) Former Local Rule 4. Model Rule 3.1; paragraph allowing for filing certain cover sheets
to be added nunc pro tunc and pro se exemption omitted.

RULE 3.4 ASSIGNMENT OF ACTIONS AND PROCEEDINGS

A. All civil and criminal cases, including those within a weighted category, shall be assigned on
a blind random basis so that the district workload is fairly and equally distributed among the active
Judges irrespective of jury division; provided that, whenever necessary in the interest of justice and
expediency, the Court may modify the assignments made to active or senior Judges.

B. The Clerk shall not have any power or discretion in determining the judge to whom any action
or proceeding is assigned, the Clerk’s duties being ministerial only. The method of assignment shall
assure that the identity of the assigned Judge shall not be disclosed to the Clerk nor to any other
person, until after filing.

C. The assignment schedule shall be designed to prevent any litigant from choosing the Judge to
whom an action or proceeding is to be assigned, and all attorneys shall conscientiously refrain from
attempting to vary this rule.


                                                  3
D. The District is divided into five Divisions: the Fort Pierce Division (Highlands, Indian River,
Martin, Okeechobee and St. Lucie Counties); the West Palm Beach Division (Palm Beach County);
the Fort Lauderdale Division (Broward County); the Miami Division (Miami-Dade County); and
the Key West Division (Monroe County). Cases are assigned by the Automated Case Assignment
System to provide for blind, random assignment of cases and to equitably distribute the District’s
case load. Each Judge in the District has chambers in one of three Divisions (Miami, Fort
Lauderdale or West Palm Beach). A Judge with chambers in one Division may be assigned a case
with venue in another Division. Once the case has been assigned, all papers required to be served
on a party shall be filed with the clerk where the assigned Judge is chambered (even if different from
the Division in which venue is located) pursuant to Local General Rule 5.1.B.

Effective Dec. 1, 1994; amended effective April 15, 2000.

                                             Authority

(1993) Former Local Rule 4.

                                            Comments

(1993) New Subsection D reflects actual practice and is informational. Renumbered per Model
Rules.

(2000) Clarifies the Divisions of the Court and the manner in which cases are assigned.

RULE 3.5 RESPONSIBILITY FOR ACTIONS AND PROCEEDINGS

Every application for an order, including those made in connection with appellate proceedings, shall
be made to the Judge to whom the action or proceeding is assigned. The assigned Judge shall have
full charge thereof and no changes in assignment shall be made except by order of the Judges
affected; provided, that upon the failure or inability of any Judge to act by reason of death or
disability, a change in assignment may be made by the Chief Judge.

Effective Dec. 1, 1994.

                                             Authority

(1993) Former Local Rule 5.1.

                                            Comments

(1993) Renumbered per Model Rules.




                                                  4
RULE 3.6 RECUSALS

In the event of recusal in any matter, the assigned Judge shall enter the fact of recusal on the record
and refer the matter to the Clerk for permanent reassignment to another Judge in accordance with
the blind random assignment system.

Effective Dec. 1, 1994.

                                             Authority

(1993) Former Local Rule 5.2, minor language modification.

                                             Comments

(1993) Renumbered per Model Rules.

RULE 3.7 REASSIGNMENT OF CASES DUE TO RECUSAL, TEMPORARY
ASSIGNMENT OR EMERGENCY

A. The procedure for reassignment of cases due to recusal, temporary assignment or emergency
shall be similar to the blind filing assignment for newly-filed cases and shall be administered in a
manner approved by the Court so as to assure fair and equitable distribution of all such matters
throughout the district.

B. Any emergency matter arising in a case pending before a Judge who is physically absent from
the Southern District of Florida or who is unavailable due to illness, or is on vacation, may, upon
written certification as to each matter from the Judge’s office setting forth such grounds therefor,
be referred to the Clerk for reassignment under a blind random assignment procedure. Such
assignment, when effected, shall be of temporary duration, limited only to the immediate relief
sought, and the case for all other purposes or proceedings shall remain on the docket of the Judge
to whom it was originally assigned.

C. Uncontested matters wherein the parties cannot be prejudiced through delay occasioned by the
normal course of business shall not be deemed emergency matters for referral.

D. The Clerk shall not have any discretion in determining the Judge to whom any such matter is
assigned, nor shall the Clerk disclose the name of the Judge to attorneys or other persons until after
the assignment has been made.

Effective Dec. 1, 1994.

                                             Authority

(1993) Former Local Rules 5.3 and 5.4.



                                                  5
                                           Comments

(1993) Renumbered per Model Rules.

RULE 3.8 DUTY JUDGE

There shall be established for the Miami, Fort Lauderdale and West Palm Beach Divisions on a
monthly rotating basis, to be determined by the Court, a schedule designating each active resident
Judge as Duty Judge who shall be available to hear and preside over the following:

    1. Grand jury matters, as provided by the Court in its administrative orders;

    2. Emergency naturalization matters and naturalization ceremonies;

    3. Matters arising from Magistrate Judge’s proceedings which are not assigned to a District
    Judge, including but not limited to application for review of bonds and competency
    examinations;

    4. Transfer of probation from foreign districts;

    5. Swearing in of attorneys to practice;

    6. Wire tap applications in matters not assigned to any District Judge, as provided by the Court
    in its administrative orders;

    7. Approval of issuance of warrants of arrest in admiralty cases when the District Judge
    assigned is unavailable;

    8. Emergency petitions for writ of habeas corpus involving a petitioner’s claim to immediate
    release, where the assigned judge is in the district, but otherwise unavailable to rule on the
    petition.

    9. Written and verbal requests for excuses from complying with grand jury and petit jury
    summonses.

Effective Dec. 1, 1994; amended effective April 15, 2000; April 15, 2001.

                                            Authority

(1994) Administrative Order No. 94-60.

                                           Comments

(1993) Renumbered per Model Rules. Section B deleted as no longer accurate. “Reduction of
bonds” changed to “review of bonds” to reflect actual practice. Added items 7 and 8 reflect actual
practice.


                                                 6
(2000) Clarifies the Divisions of the Court.

(2001) Conforms to periodic administrative orders.

RULE 3.9 TRANSFER OF REFILED AND SIMILAR ACTIONS AND PROCEDURES

A. Refiled. Whenever an action or proceeding is terminated by entry of a notice or order of
dismissal and is refiled without a substantial change in issue or parties, it shall be transferred to the
Judge to whom the original was assigned.

B. Post-conviction Relief, Criminal. Whenever a second or subsequent action seeking
post-conviction or other relief petition for writ of habeas corpus is filed by the same applicant
involving the same offense, the action shall be transferred to the Judge to whom the original
proceeding was assigned. All motions under 28 U.S.C. § 2255 shall be assigned to the Judge who
took the action from which review is sought, or any successor Judge.

C. Similar. Whenever an action or proceeding is filed in the Court which involves subject matter
which is a material part of the subject matter of another action or proceeding then pending before
this Court, or for other reasons the disposition thereof would appear to entail the unnecessary
duplication of judicial labor if heard by a different Judge, the Judges involved shall determine
whether the newly filed action or proceeding shall be transferred to the Judge to whom the earlier
filed action or proceeding is assigned.

D. Notice to Court. It shall be the continuing duty of the Clerk and of the attorneys of record in
every action or proceeding to bring promptly to the attention of the Court and opposing counsel the
existence of other actions or proceedings as described in paragraphs A, B, and C hereof, as well as
the existence of any similar actions or proceedings then pending before another court or
administrative agency. Such notice shall be given by filing with the Court and serving on counsel
a “Notice of Pendency of Other Actions,” containing a list and description thereof sufficient for
identification.

Effective Dec. 1, 1994.

                                               Authority

(1993) Former Local Rule 6.

                                              Comments

(1993) Renumbered per Model Rules. Minor stylistic changes. Change to last sentence of B.

RULE 5.1 FILING AND COPIES

A. Form. All civil and criminal pleadings, motions, and other papers tendered for filing shall:


                                                   7
1. Be bound only by easily-removable paper or spring-type binder clips, and not stapled or
mechanically bound or fastened in any way. Voluminous pleadings, motions, or documents
may be bound with a rubber band. Attachments may not be tabbed; reference characters should
be printed or typed on a blank sheet of paper separating each attached document.

2. Be accompanied by one clear photo copy. The photo copy is not subject to the restrictions
of section 1, supra. Although the photocopy must be in all other respects identical to the file
copy, it should be bound or fastened, and tabbed, if appropriate, in a way that facilitates its use
by the judge. When filing a civil complaint for which issuance of initial process is requested,
three additional copies for each summons must be submitted.

Exceptions:

   (a) Those litigants who have been allowed to proceed in forma pauperis shall not be
   required to submit duplicate copies. However, they are encouraged to do so.

   (b) Transcripts of state court hearings/trials; administrative records in Social Security
   cases, and extensive exhibits to motions for summary judgment, unless otherwise directed
   by court order.

3. Be on standard size 8-1/2” x 11” white, opaque paper, to the extent practicable with a
standard two hole punch located at the top center (required for original only).

4. Be plainly typed or written on one side with 1” margins on each side, not less than one and
one-half spaces between lines except for quoted material, and properly paginated at the bottom
of each page.

5. Include a caption with:

   (a) The name of the court centered across the page;

   (b) The docket number, category (civil or criminal), and the last names of the assigned
   District Judge and Magistrate Judge, centered across the page;

   (c) The style of the action, which fills no more than the left side of the page, leaving
   sufficient space on the right side for the Clerk to affix a filing stamp; and

   (d) The title of the document, including the name and designation of the party (as plaintiff
   or defendant or the like) in whose behalf the document is submitted.

Exception:

   The requirements of 3 and 4(a)-(d) do not apply to: (1) exhibits submitted for filing; and (2)
   papers filed in removed actions prior to removal from the state courts.


                                              8
    6. Include a signature block with the name, address, telephone number, facsimile telephone
    number, e-mail address, and Florida Bar identification number of all counsel for the party.

    7. Not be transmitted to the Clerk or any Judge by facsimile telecopier.

    8. Be submitted with sufficient copies to be filed and docketed in each matter if styled in
    consolidated cases.

B. Place and Time of Filing. All papers after the complaint required to be served upon a party
shall be filed with the clerk where the assigned Judge is chambered either before service or within
three business days, thereafter. Only in certified emergency situations where the statute of
limitations is a factor, or the death of a prisoner is imminent, will pleadings be accepted in a clerk’s
office other than where the assigned Judge is chambered. That office will then expedite a copy to
the assigned Judge for review. Failure to comply with this rule is not grounds for denial of the
motion or dismissal of the paper filed.

C. Three-Judge Courts. See Rule 9.1 for filing requirements.

D. Restriction on Courtesy Copies. Counsel shall not deliver extra courtesy copies to a Judge’s
Chambers except when requested by a Judge’s office to deliver a courtesy copy to Chambers.

E. Notices of Filing; Form and Content. The title of a notice of filing shall include (a) the name
and designation of the party (as plaintiff or defendant or the like) on whose behalf the filing is
submitted, and (b) a description of the document being filed. A notice of filing shall identify by
title the pleading, motion or other paper to which the document filed pertains and the purpose of the
filing, such as in support of or in opposition to a pending motion or the like.

Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 1998; April 15, 1999; April
15, 2000; April 15, 2001; April 15, 2003.

                                              Authority

(1993) Former Local Rule 7; Model Rule 5.1; Administrative Order 90-64 (A.9, B).

                                             Comments

(1993) Telecopies not permitted to be filed. Adds reference to number of copies required for
issuance of summonses, per Clerk’s Office. Adds restriction on courtesy copies.

(1994) The addition of counsel’s facsimile phone number in A.9. is consistent with the local rule
amendment to permit counsel to serve each other via facsimile transmission. The other changes are
grammatical or designed to make the rule gender neutral.

(1996) In recognition of the logistical problems posed by the requirement that papers must be filed
with the clerk where the assigned Judge is chambered, the rule is amended to make clear that filing


                                                   9
within three business days after service is reasonable under Fed.R.Civ.P. 5(d). The pre-1993 version
of Local General Rule 7.B. required filing of papers either before service or within five days
thereafter.

(1999) Subsection A has been rewritten to conform to current practice and the format of most word
processors. The Clerk’s Office prefers the new format because it reserves ample space for the filing
stamp. Former subsections A.2, A.3 and A.4 are rewritten and renumbered, effecting changes in
clarity, not substance. An updated sample form is appended to the rule, replacing the old form.
Despite a stylistic change, subsection D continues to refer to both District Judges and Magistrate
Judges.

(2000) Amendment to subpart 4(a) dispenses with the need for reference to the Division of the Court
to avoid confusion resulting from the requirement to file papers, in accordance with Local General
Rule 5.1.B, in the Division where the assigned Judge is chambered, which is different from the
Division in which the case is venued. A corresponding change is made to the sample form following
the rule.

(2001) The amendments to Subsection A are intended to facilitate the process of document imaging
by reducing the time spent on disassembling documents in preparation for scanning and decreasing
the frequency of equipment failure caused by undetected fastening material.

(2003) The addition of Rule 5.1.E is intended to assist the Court in understanding the purpose for
which materials are filed.

                                               -----

SAMPLE FORM FOLLOWING RULE 5.1

                                (Two-hole punched at top of page)
                                (1” from top of page, and centered,
                                       begin title of court)

                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA

                   Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)


A.B.


       Plaintiff                                                          [Leave space for Clerk’s
                                                                            filing stamp]

vs.


                                                10
C.D.


     Defendant.
________________________/


                                      TITLE OF DOCUMENT


Effective Dec. 1, 1994; amended effective April 15, 1999; April 15, 2000.

RULE 5.2 PROOF OF SERVICE AND SERVICE BY PUBLICATION

A. Certification of Service. Each pleading or paper required by Rule 5, Federal Rules of Civil
Procedure, to be served on the other parties shall include a certificate of service stating the persons
or firms served, their relationship to the action or proceeding, the date, method and address of
service. Signature by the party or its attorney on the original constitutes a representation that service
has been made.

B. Initial Process. Initial process shall be issued by the Clerk’s Office upon submission of an
original and three copies.

C. Publication. Publication required by law or rule of court shall be made in a newspaper of
general circulation. The Daily Business Review and such other newspapers as the Court from time
to time may indicate are designated as official newspapers for the publication of notices pertaining
to proceedings in this Court; provided, however, that publication shall not be restricted to the
aforesaid periodicals unless an order for publication specifically so provides.

D. Service of Pleadings and Papers Subsequent to Original Complaint. See Local Rule
7.1.A.3(a) and Administrative Order 2001-72 In Re: Repeal of S.D.Fla.L.R.5.2.D.

Effective Dec. 1, 1994.

                                              Authority

(1993) Former Local Rule 7; Model Rule 5.2 (does not require certificate of service); Clerk’s
administrative rule on issuance of initial process.

(1994) D. Rule 1.07(c), Local Rules, Middle District of Florida.




                                                   11
RULE 5.3 FILES AND EXHIBITS

A. Removal of Original Papers. No original papers in the custody of the Clerk shall be removed
by anyone without order of the Court until final adjudication of the action or proceeding and
disposition of the appeal, if one is filed, or expiration of the appeal period without appeal being filed,
and then only with permission and on terms of the Clerk. However, official court reporters, special
masters, or commissioners may remove original papers as may be necessary.

B. Exhibits. All exhibits received or offered in evidence at any hearing shall be delivered to the
Clerk, who shall keep them in the Clerk’s custody, except that any narcotics, cash, counterfeit notes,
weapons, precious stones received, including but not limited to other exhibits which, because of size
or nature, require special handling, shall remain in possession of the party introducing same during
pendency of the proceeding and any appeal. Nothing contained in this rule shall prevent the Court
from entering an order with respect to the handling, custody or storage of any exhibit. The Clerk
shall permit United States Magistrate Judges and Official Court Reporters to have custody of
exhibits as may be necessary.

C. Removal of Exhibits. All models, diagrams, books, or other exhibits received in evidence or
marked for identification in any action or proceeding shall be removed by the filing party within
three months after final adjudication of the action or proceeding and disposition of any appeal.
Otherwise, such exhibits may be destroyed or otherwise disposed of as the Clerk may deem proper.

D. Closed Files. Upon order of the Chief Judge, the files in all actions or proceedings not pending
nor on appeal may be forwarded to the Federal Records Center serving this District. Thereafter,
persons desiring use of any such files may, upon payment of the appropriate fee and completion of
a request form furnished by the Clerk, request that such files be returned for examination in the
Clerk’s office.

Effective Dec. 1, 1994.

                                               Authority

(1993) Former Local Rule 8, as amended by Administrative Order 91-54.

                                              Comments

(1993) Corrects typographical error. Renumbered per Model Rules. Minor stylistic changes to A,
B and C; deletion of reference to Magistrate Judges.

RULE 5.4 FILINGS UNDER SEAL; DISPOSAL OF SEALED MATERIALS

A. General Policy. Unless otherwise provided by law, Court rule or Court order, proceedings in
the United States District Court are public and Court filings are matters of public record. Where not
so provided, a party seeking to file matters under seal shall follow the procedures prescribed by this
rule.


                                                   12
B. Procedure for Filings Under Seal. A party seeking to make a filing under seal shall:

     1. Deliver to the Clerk’s Office an original and one copy of the proposed filing, each contained
     in a separate plain envelope clearly marked as “sealed document” with the case number and
     style of the action noted on the outside. The Clerk’s Office shall note on each envelope the date
     of filing and docket entry number.

     2. File an original and a copy of the motion to seal with self-addressed postage-paid envelopes,
     setting forth a reasonable basis for departing from the general policy of a public filing, and
     generally describing the matter contained in the envelope. The motion shall specifically state
     the period of time that the party seeks to have the matter maintained under seal by the Clerk’s
     Office. Unless permanent sealing is sought, the motion shall set forth how the matter is to be
     handled upon expiration of the time specified in the Court’s sealing order. Absent
     extraordinary circumstances, no matter sealed pursuant to this rule may remain sealed for
     longer than five (5) years from the date of filing.

     3. File an “ORDER RE: SEALED FILING” in the form set forth at the end of this rule. The
     form is available at the Clerk’s Office. The bottom portion should be left blank for the Judge’s
     ruling.

C. Court Ruling. If the Court grants the motion to seal, the Clerk’s Office shall maintain the
matter under seal as specified in the Court order. If the Court denies the motion to seal, the original
and copy of the proposed filing shall be returned to the party in its original envelope.

D. Disposition of Sealed Matter. Unless the Court’s sealing order permits the matter to remain
sealed permanently, the Clerk will dispose of the sealed matter upon expiration of the time specified
in the Court’s sealing order by unsealing, destroying, or returning the matter to the filing party.

Effective April 15, 2000; amended effective April 15, 2001.

                                              Comment

(2000) The rule codifies existing procedure. By its terms, this rule does not apply to materials
covered by specific statutes, rules or court orders authorizing, prescribing or requiring secrecy.
However, the Clerk’s Office and litigants may find it helpful to complete a “Sealed Filing Cover
Sheet” in the form set forth at the end of this rule for materials being filed under seal after the entry
of, and pursuant to, a protective order governing the use and disclosure of confidential information.

(2001) The current amendments are intended to reflect more accurately existing procedures, and to
assist the court in the maintenance and ultimate disposition of sealed records by creating a form
order which specifies how long the matter is to be kept under seal and how it is to be disposed of
after the expiration of that time. By its terms, this rule does not apply to materials covered by
specific statutes, rules or court orders authorizing, prescribing or requiring secrecy. However,
litigants are required to complete an “Order Re: Sealed Filing” in the form set forth at the end of this


                                                   13
rule for materials being filed under seal after the entry of, and pursuant to, a protective order
governing the use and disclosure of confidential information.




                          [Remainder of Page Intentionally Left Blank

                      New Order Re: Sealed Filing Follows on Next Page]




                                               14
                                                       UNITED STATES DISTRICT COURT
                                                        SOUTHERN DISTRICT OF FLORIDA
                                                  Case No. ___________________________________

_____________________
     Plaintiff,

vs.

_____________________
     Defendant.
________________________/
                                                                  O RD ER RE: SEALED FILIN G
 Party Filing M atter U nder Seal
                                                    N am e:

                                                  Address:

                                                Telephone:

                               O n behalf of (select one):                      ‘ Plaintiff                                      ‘ D efendant


 D ate sealed docum ent filed:

 If sealed pursuant to statute, cite statute:

 If sealed pursuant to previously entered protective order, date of order and docket entry:

 The m atter will rem ain sealed until:

 ‘ Conclusion of Trial                                         ‘ Arrest of First D efendant

 ‘ Case Closing                                                ‘ Conclusion of D irect Appeal

 ‘ O ther

 ‘ Perm anently. Specify the authorizing law, rule, court order:



 The m oving party requests that when the sealing period expires, the filed m atter should be (select one):

 ‘ U nsealed and placed in                                                     ‘ D estroyed                   ‘ Returned to the party or counsel for the party,
 the public portion of the court file                                                                         as identified above




It is OR DER ED and AD JUD GED that the proposed sealed docum ent is hereby:


 ‘ Sealed                                                     ‘ N O T Sealed                                  ‘ O ther_____________________

 The m atter m ay be unsealed after:

 ‘ Conclusion of Trial                                        ‘ Arrest of First D efendant                    ‘ Rem ain Sealed

 ‘ Case Closing                                               ‘ Conclusion of D irect Appeal                  ‘ O ther_____________________


DONE        and      ORDERED              at     ___________________________,                         Florida          this       ________         day      of

______________________, 20___.                                                                                 ______________________________________
                                                                                                                    U nited States D istrict Judge




This document has been disposed of in the following manner _______________________________ by

______________________________ on _________________________.



                                                                                 15
RULE 5.5 ELECTRONIC FILING

Pursuant to Fed.R.Civ.P.5(e), the Clerk will accept in certain actions documents filed, signed, and/or
verified by electronic means. The types of actions in which electronic filing will be permitted, the
practices and procedures governing the electronic filing process, and the standards with which
electronic filers must comply will be established by Administrative Order. A document filed by
electronic means pursuant to this Rule and in compliance with Court-established standards,
processes, and procedures constitutes a written document for the purposes of applying these Rules
and the Federal Rules of Civil and Criminal Procedure.

                                            Comments

(2003) Federal Rule of Civil Procedure 5(e) gives the federal courts the authority to permit
electronic filing. This Local Rule only authorizes the Clerk to accept electronic filings, leaving the
processes, procedures, standards, etc., to be established by subsequent order of the Court. This was
done in order to give the Court the flexibility to adapt, refine, and redefine the process as it grows
in acceptance. Relevant Administrative Orders will be available on the Court’s Internet site
(http//www.flsd.uscourts.gov) as they are issued. Upon payment of copying costs, copies also may
be obtained at any courthouse or intake counter in the district or by mailing a written request to the
following address: E-Filing Administrator, Office of the Clerk, U.S. District Court, 301 North
Miami Avenue, Room 321, Miami, Florida 33128.

RULE 7.1 MOTIONS, GENERAL

A. Filing.

    1. Every motion when filed shall include or be accompanied by a memorandum of law citing
    supporting authorities, except that the following motions need not be accompanied by a
    memorandum:

       (a) petition for writ of habeas corpus ad testificandum or ad prosequendum;

       (b) motion for out-of-state process;

       (c) motion for order of publication for process;

       (d) application for default;

       (e) motion for judgment upon default;

       (f) motion to withdraw or substitute counsel;

       (g) motion for continuance, provided the good cause supporting it is set forth in the motion
       and affidavit required by Rule 7.6;



                                                 16
       (h) motion for confirmation of sale;

       (i) motion to withdraw or substitute exhibits;

       (j) motion for extensions of time providing the good cause supporting it is set forth in the
       motion;

       (k) motion for refund of bond, provided cause for granting the motion is set forth in the
       motion; and

       (l) application for leave to proceed in forma pauperis.

    2. Those motions listed in A.1 above shall be accompanied by a proposed order.

    3. Pre-filing Conferences Required of Counsel. Prior to filing any motion in a civil case,
    except a motion for injunctive relief, for judgment on the pleadings, for summary judgment,
    to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon
    which relief can be granted, or to involuntarily dismiss an action, counsel for the movant shall
    confer (orally or in writing), or make reasonable effort to confer (orally or in writing), with all
    parties or non-parties who may be affected by the relief sought in the motion in a good faith
    effort to resolve by agreement the issues to be raised in the motion. Counsel conferring with
    movant’s counsel shall cooperate and act in good faith in attempting to resolve the dispute. At
    the time of filing the motion, counsel for the moving party shall file with the Clerk a statement
    certifying either: (a) that counsel for the movant has conferred with all parties or non-parties
    who may be affected by the relief sought in the motion in a good faith effort to resolve the
    issues raised in the motion and has been unable to do so; or (b) that counsel for the movant has
    made reasonable efforts to confer with all parties or non-parties who may be affected by the
    relief sought in the motion, which efforts shall be identified with specificity in the statement,
    but has been unable to do so. If certain of the issues have been resolved by agreement, the
    statement shall specify the issues so resolved and the issues remaining unresolved. Failure to
    comply with the requirements of this rule may be cause for the court to grant or deny the
    motion and impose on counsel an appropriate sanction, which may include an order to pay the
    amount of the reasonable expenses incurred because of the violation, including a reasonable
    attorney’s fee.

B. Hearings. No hearing will be held on motions unless set by the Court. Hearings shall be set
by the Court under the following circumstances:

    1. A party who desires oral argument or a hearing of any motion shall request it in writing by
    separate request accompanying the motion or opposing memorandum. The request shall set
    forth in detail the reasons why a hearing is desired and would be helpful to the Court and shall
    estimate the time required for argument. The Court in its discretion may grant or deny a
    hearing as requested, upon consideration of both the request and any response thereto by an
    opposing party.



                                                 17
    2. Discovery motions may be referred to and heard by a United States Magistrate Judge.

    3. With respect to any motion or any matter which has been pending and fully briefed with no
    hearing set thereon for a period of 90 days, the Clerk of the Court shall send to the Court and
    to all parties a “Notification of 90 days Expiring and Ripeness for Hearing.” Any party may
    request the Clerk to do so, and in that event, the Clerk shall not file the request in the Court file
    nor indicate the identity of the party making the request. When the Court receives such
    notification, it shall set the matter for hearing within 10 days of receipt of the notification or
    shall issue an order resolving the motion or other matter during that same 10 day period.

C. Memorandum of Law. Each party opposing a motion shall serve an opposing memorandum
of law not later than ten days after service of the motion as computed in the Federal Rules of Civil
Procedure. Failure to do so may be deemed sufficient cause for granting the motion by default.

The movant may, within five days after service of an opposing memorandum of law, serve a reply
memorandum in support of the motion, which reply memorandum shall be strictly limited to rebuttal
of matters raised in the memorandum in opposition without reargument of matters covered in the
movant’s initial memorandum of law. No further or additional memoranda of law shall be filed
without prior leave of Court.

    1. Time. Time shall be computed under this Rule as follows:

       (a) If the motion or memorandum was served by mail, count three (3) days from the date
       the motion or memorandum to which one is responding was certified as having been mailed.
       Include Saturdays, Sundays or legal holidays. Beginning on the next business day, (i.e., not
       on Saturday, Sunday or a legal holiday) count ten (10) days (for an opposing memorandum)
       or five (5) days (for a reply) excluding Saturdays, Sundays and legal holidays. The tenth or
       fifth day is the due date for the opposing memorandum or reply, respectively;

       (b) If the motion or memorandum was served by hand delivery, start counting ten (10) or
       five (5) days on the business day after receipt of the motion or memorandum, excluding
       Saturdays, Sundays and legal holidays. The tenth or fifth day is the due date for the
       opposing memorandum or reply, respectively.

    2. Length. Absent prior permission of the Court, no party shall file any legal memorandum
    exceeding twenty (20) pages in length, with the exception of a reply which shall not exceed
    ten (10) pages in length. The practice of filing multiple motions for partial summary
    judgment shall be prohibited, absent prior permission of the Court.

D. Orders Made Orally in Court. Unless the Court directs otherwise, all orders orally
announced in Court shall be prepared in writing by the attorney for the prevailing party and taken
to the Judge within two days thereafter, with sufficient copies for all parties and the Court, and
accompanied by stamped addressed envelopes for mailing to the parties.




                                                  18
E. Emergency Motions. The Court may, upon written motion and good cause shown, waive the
time requirements of this rule and grant an immediate hearing on any matter requiring such
expedited procedure. The motion shall set forth in detail the necessity for such expedited procedure.

F. Applications Previously Refused. Whenever any motion or application has been made to any
Judge or Magistrate Judge and has been refused in whole or in part, or has been granted
conditionally, and a subsequent motion or application is made to a different Judge or Magistrate
Judge for the same relief in whole or in part, upon the same or any alleged different state of facts,
it shall be the continuing duty of each party and attorney seeking such relief to present to the Judge
or Magistrate Judge to whom the subsequent application is made an affidavit setting forth the
material facts and circumstances surrounding each prior application, including: (1) when and to
what Judge or Magistrate Judge the application was made; (2) what ruling was made thereon; and
(3) what new or different facts and circumstances are claimed to exist which did not exist, or were
not shown, upon the prior application. For failure to comply with the requirements of this rule, any
ruling made on the subsequent application may be set aside sua sponte or on ex parte motion.

Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 1997; April 15, 2000; April
15, 2004.

                                            Comments

(1996) The contemporaneous service and filing requirements have been relaxed in recognition of
the logistical problems posed by the requirement of Local General Rule 5.1.B. that papers must be
filed with the clerk where the assigned Judge is chambered. Under amended Rules 5.1.B. and
7.1.C., opposing and reply memoranda must be filed within three business days after service of the
memoranda.

(1997) Addition of language to Rule 7.1.C.2. prohibiting the practice of filing multiple motions for
summary judgment to evade page limitations.

(2000) The addition of subsection 7.1.A.3.(a) is intended to eliminate unnecessary motions and is
based on M.D.Fla. Local Rule 3.01(g) and S.D.Fla. Local General Rule 26.1.I. Subsection
7.1.A.3.(b) is intended merely to direct counsel to the pre-filing conference requirements of Local
Rule 26.1.I for discovery motions.

(2004) Local Rule 7.1.A.3 is amended in conjunction with deletion of Local Rule 26.1.I’s text to
avoid confusion and clarify pre-filing conference obligations. Local Rule 7.1.A.4 is deleted in
light of almost universal participation in the District’s automated noticing program (“FaxBack”).
The last sentence in Local Rule 7.1.C.2 is amended to prohibit, absent prior permission from the
Court, the filing of multiple motions for partial summary judgment. This amendment is made in
conjunction with the amendment of Local Rule 16.1.B.2 to emphasize the need to discuss at the
scheduling conference of parties and/or counsel the number and timing of motions for summary
judgment or partial summary judgment, and have the Scheduling Order address these issues.




                                                 19
RULE 7.2 MOTIONS PENDING ON REMOVAL OR TRANSFER TO THIS COURT

When a court transfers or a party removes an action or proceeding to this Court and there is a
pending motion for which the moving party has not submitted a memorandum, the moving party
shall file a memorandum in support of its motion within ten days after the filing of the notice of
removal or the entry of the order of transfer. Each party shall then comply with the briefing
schedule provided in Rule 7.1.C. above.

Effective Dec. 1, 1994; amended effective April 15, 2003.

                                             Authority

(1993) Former Local Rule 10D.

                                            Comments

(1993) Addition of language to define date of “removal”; amended to add transferred cases.

(2003) Unifies the time within which a moving party must file a memorandum in support of a
motion pending at the time of removal or transfer by eliminating the option of waiting until the
Court denies a motion to remand. The moving party now has ten days from the date of the filing
of the notice of removal or the entry of an order of transfer within which to file a supporting
memorandum, irrespective of any motion to remand.

RULE 7.3 ATTORNEYS FEES AND COSTS

A. Upon Entry of Final Judgment or Order. Any motion for attorneys fees and/or to tax costs
must specify: the judgment and the statute, rule, or other grounds entitling the moving party to the
award; must state the amount or provide a fair estimate of the amount sought; shall disclose the
terms of any agreement with respect to fees to be paid for the services for which the claim is made;
shall be supported with particularity; shall be verified; and shall be filed and served within 30 days
of entry of Final Judgment or other appealable order which gives rise to a right to attorneys fees or
costs. Any such motion shall be accompanied by certification that counsel has fully reviewed the
time records and supporting data and that the motion is well grounded in fact and justified. In
addition, counsel filing the motion shall confer with counsel for the opposing party and shall file
with the Court, within three (3) days of the motion, a statement certifying that counsel has conferred
with counsel for the opposing party in a good faith effort to resolve by agreement the motion, the
results thereof and whether a hearing is requested.

The prospects or pendency of supplemental review or appellate proceedings shall not toll or
otherwise extend the time for filing of a motion for fees and/or costs with the district court.

B. Prior to Entry of Final Judgment. Any motion for attorneys fees and/or to tax costs made
before entry of final judgment or other appealable order must specify the statute, rule, or other
grounds entitling the moving party to the award; must state the amount or provide a fair estimate


                                                 20
of the amount sought; shall disclose the terms of any agreement with respect to fees to be paid for
the services for which the claim is made; shall be supported with particularity; and shall be verified.
Any such motion shall be accompanied by certification that counsel has fully reviewed the time
records and supporting data and that the motion is well grounded in fact and justified. In addition,
counsel filing the motion shall confer with counsel for the opposing party and shall file with the
Court, within three (3) days of the motion, a statement certifying that counsel has conferred with
counsel for the opposing party in a good faith effort to resolve by agreement the motion, the results
thereof and whether a hearing is requested.

Effective Dec. 1, 1994; amended effective April 15, 1999; April 15, 2001.

                                             Authority

(1993) Former Local Rule 10F, renumbered per Model Rules.

                                             Comments

(1993) There are considerable modifications to the existing rule, including an attorney’s
certification, plus a requirement to confer in 3 days.

The authority of the Judges to regulate the mechanics of fee applications is clear. See White v. New
Hampshire Dept. of Employment, 455 U.S. 445 (1982); Knighton v. Watkins, 616 F.2d 795 (5th
Cir.1980); Brown v. City of Palmetto, 681 F.2d 1325 (11th Cir.1982); Zaklama v. Mount Sinai
Med. Center, 906 F.2d 645 (11th Cir.1990).

(1994) The changes are designed to make certain portions of the local rule (but not the time period
for filing) consistent with Fed.R.Civ.P. 54(d)(2)(B), as amended effective December 1, 1993, and
to correct grammatical or typographical errors which appear in the current rule. Rule 54(d)(2)(B)
as amended leaves the disclosure of the fee agreement to the discretion of the Court. This local rule
directs disclosure in every case.

(1999) The rule has been amended to clarify that a motion for fees and costs must only be filed when
a judgment or appealable order has been entered in the matter. A motion for fees and costs may be
made before such a judgment or order has been entered where appropriate, such as when sanctions
have been awarded during the course of such proceeding. However, in no event may a motion for
fees or costs be made later than the date provided for in this rule.

(2001) Applicability to interim fee applications clarified.

RULE 7.5 MOTIONS FOR SUMMARY JUDGMENT

A. Motions for Summary Judgment: Motions for summary judgment shall be accompanied by
a memorandum of law, necessary affidavits, and a concise statement of the material facts as to which
the moving party contends there is no genuine issue to be tried.



                                                  21
B. Opposition Papers: The papers opposing a motion for summary judgment shall include a
memorandum of law, necessary affidavits, and a single concise statement of the material facts as to
which it is contended that there exists a genuine issue to be tried.

C. Statement of Material Facts: The statement of material facts submitted either in support of
or in opposition to a motion for summary judgment shall:

    1. Not exceed ten pages in length; and

    2. Be supported by specific references to pleadings, depositions, answers to interrogatories,
    admissions, and affidavits on file with the Court.

D. Effect Of Failure To Controvert Statement Of Undisputed Facts: All material facts set
forth in the statement required to be served by the moving party will be deemed admitted unless
controverted by the opposing party’s statement, if and only to the extent supported by specific
references to pleadings, depositions, answers to interrogatories, admissions, and affidavits on file
with the Court.

E. Briefing Schedule: As oral argument is not always scheduled on motions for summary
judgment, the briefing schedule in Local Rule 7.1 shall apply.

                                            Comments

(2002) The rule is amended to require specific references to materials on file with the Court to
support or controvert the movant’s statement of undisputed facts. The “on file with the Court”
language will require litigants to file any materials on which they intend to rely or to which they
refer. This is in accord with the practice contemplated by Fed.R.Civ.P. 5(d)(1), as amended
effective December 1, 2000. The Advisory Committee Notes to the December 2000 amendments
make clear that, with regard to voluminous materials, only those parts actually used need to be filed,
with any other party free to file other pertinent portions of the materials that are so used. See
Fed.R.Evid. 106; cf. Fed.R.Civ.P. 32(a)(4). Therefore, only the portions of deposition transcripts
actually “used” need be filed.

Effective Dec. 1, 1994; amended effective April 15, 1999; April 15, 2002.

                                             Authority

(1993) Former Local Rule 10J.

                                            Comments

(1993) Deletes specific briefing schedule and reference to submitting envelopes. These are covered
by the general motion rule.

(1999) Adds a page limit for the statement of material facts and makes clear that only one such
statement shall be submitted with a motion for summary judgment.


                                                 22
RULE 7.6 CONTINUANCES OF TRIALS AND HEARINGS

A continuance of any trial, pretrial conference, or other hearing will be granted only on exceptional
circumstances. No such continuance will be granted on stipulation of counsel alone. However,
upon written notice served and filed at the earliest practical date prior to the trial, pretrial
conference, or other hearing, and supported by affidavit setting forth a full showing of good cause,
a continuance may be granted by the Court.

Effective Dec. 1, 1994.

                                             Authority

(1993) Former Local Rule 11. Renumbered in accordance with Model Rules.

RULE 7.7 CORRESPONDENCE TO THE COURT

Unless invited or directed by the presiding judge, attorneys and any party represented by an attorney
shall not: (a) address or present to the Court in the form of a letter or the like any application
requesting relief in any form, citing authorities, or presenting arguments; and (b) shall not furnish
the Court with copies of correspondence between or among counsel, or any party represented by an
attorney, except when necessary as an exhibit when seeking relief from the Court. Rule 5.1.D.
above governs the provision of “courtesy copies” to a judge.

Effective Dec. 1, 1994; amended effective April 15, 2003.

                                             Authority

(1993) Former Local Rule 10M.

                                             Comments

(2003) Because correspondence between or among counsel may be relevant to a motion before the
Court, e.g., compliance with the pre-filing conferences required of counsel, see S.D.Fla.L.R.7.1.A.3,
26.1.I, copies of such correspondence may be appended as exhibits to motions or memoranda.

RULE 9.1 REQUEST FOR THREE-JUDGE COURT

A. In any action or proceeding which a party believes is required to be heard by a three-judge
district court, the words “Three-Judge District Court Requested” or the equivalent shall be included
immediately following the title of the first pleading in which the cause of action requiring a
three-judge court is pleaded. Unless the basis for the request is apparent from the pleading, it shall
be set forth in the pleading or in a brief statement attached thereto. The words “Three-Judge District
Court Requested” or the equivalent on a pleading is a sufficient request under 28 U.S.C. § 2284.



                                                 23
B. In any action or proceeding in which a three-judge court is requested, parties shall file the
original and three copies of every pleading, motion, notice or other document with the clerk until
it is determined either that a three-judge court will not be convened or that the three-judge court has
been convened and dissolved, and the case remanded to a single judge. The parties may be
permitted to file fewer copies by order of the court.

C. A failure to comply with this rule is not a ground for failing to convene or for dissolving a
three-judge court.

Effective Dec. 1, 1994.

                                             Authority

(1993) Model Rule 9.2; Former Local Rule 7C.

RULE 11.1 ATTORNEYS

A. Roll of Attorneys. The Bar of this Court shall consist of those persons heretofore admitted and
those who may hereafter be admitted in accordance with the Special Rules Governing the Admission
and Practice of Attorneys in this District.

B. Contempt of Court. Any person who before his or her admission to the Bar of this Court or
during his or her disbarment or suspension exercises in this District in any action or proceeding
pending in this Court any of the privileges of a member of the Bar, or who pretends to be entitled
to do so, may be found guilty of contempt of Court.

C. Professional Conduct. The standards of professional conduct of members of the Bar of this
Court shall include the current Rules Regulating The Florida Bar. For a violation of any of these
canons in connection with any matter pending before this Court, an attorney may be subjected to
appropriate disciplinary action.

D. Appearance by Attorney.

    1. The filing of any pleading shall, unless otherwise specified, constitute an appearance by the
    person who signs such pleading.

    2. An attorney representing a witness in any civil action or criminal proceeding, including a
    grand jury proceeding, or representing a defendant in a grand jury proceeding, shall file a notice
    of appearance, with consent of the client endorsed thereon, with the Clerk of the Court on a
    form to be prescribed and furnished by the Court, except that the notice need not be filed when
    such appearance has previously been evidenced by the filing of pleadings in the action or
    proceeding. The notice shall be filed by the attorney promptly upon undertaking the
    representation and prior to the attorney’s appearance on behalf of the attorney’s client at any
    hearing or grand jury session. When the appearance is in connection with a grand jury session,



                                                  24
    the notice of appearance shall be filed with the Clerk in such manner as to maintain the secrecy
    requirements of grand jury proceedings.

    3. No attorney shall withdraw the attorney’s appearance in any action or proceeding except by
    leave of court after notice served on the attorney’s client and opposing counsel.

    4. Whenever a party has appeared by attorney, the party cannot thereafter appear or act on the
    party’s own behalf in the action or proceeding, or take any step therein, unless an order of
    substitution shall first have been made by the Court, after notice to the attorney of such party,
    and to the opposite party; provided, that the Court may in its discretion hear a party in open
    court, notwithstanding the fact that the party has appeared or is represented by an attorney.

    5. When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an
    action or proceeding for whom the attorney was acting as counsel must, before any further
    proceedings are had in the action on the party’s behalf, appoint another attorney or appear in
    person, unless such party is already represented by another attorney.

    6. No agreement between parties or their attorneys, the existence of which is not conceded, in
    relation to the proceedings or evidence in an action, will be considered by the Court unless the
    same is made before the Court and noted in the record or is reduced to writing and subscribed
    by the party or attorney against whom it is asserted.

    7. Only one attorney on each side shall examine or cross-examine a witness, and not more than
    two attorneys on each side shall argue the merits of the action or proceeding unless the Court
    shall otherwise permit.

E. Relations With Jury. All attempts to curry favor with juries by fawning flattery, or pretend
solicitude for their personal comfort are unprofessional. Suggestions of counsel, looking to the
comfort or convenience of jurors, and propositions to dispense with argument, should be made to
the Court out of the jury’s hearing. Before, during, and after the trial, a lawyer should avoid
conversing or otherwise communicating with a juror on any subject, whether pertaining to the case
or not. Provided, however, after the jury has been discharged, upon application in writing and for
good cause shown, the Court may allow counsel to interview jurors to determine whether their
verdict is subject to legal challenge. In this event, the Court shall enter an order limiting the time,
place, and circumstances under which the interviews shall be conducted. The scope of the
interviews should be restricted and caution should be used to avoid embarrassment to any juror and
to avoid influencing the juror’s action in any subsequent jury services.

F. Relation to Other Rules. This General Rule governing Attorneys is supplemented by the
Special Rules Governing the Admission and Practice of Attorneys, the Rules of the Grievance
Committee and the Rules of Disciplinary Enforcement of this District.

Effective Dec. 1, 1994; amended effective April 15, 2002.




                                                  25
                                              Authority

(1993) Former Local Rule 16. Renumbered per Model Rules.

                                             Comments

(1994) Changed to make rule gender neutral.

(2002) Rule 11.1.D.7. deleted, as the issue addressed by this local rule deals with an ethical rule,
see Rule 4-3.7 of the Rules of Professional Conduct of the Rules Regulating the Florida Bar, subject
to exceptions and distinctions not encompassed by the local rule.

RULE 12.1 CIVIL RICO CASE STATEMENT

Except as otherwise ordered by a judge of this Court in a particular case or except pursuant to
written stipulation of all affected parties, in all civil actions where a pleading contains a RICO cause
of action pursuant to 18 U.S.C. §§ 1961-1968 or §§ 772.101-772.104, Fla.Stat., the party filing the
RICO claim shall, within thirty (30) days of the filing (including filing upon removal or transfer),
serve a RICO Case Statement.

Consistent with counsel’s obligations under Fed.R.Civ.P. 11 to make a reasonable inquiry prior to
filing a pleading, the RICO Case Statement shall include the facts relied upon to initiate the RICO
claim. In particular, the statement shall be in a form which uses the numbers and letters set forth
below, unless filed as part of an amended pleading (in which case the allegations of the amended
pleading shall reasonably follow the organization set out below), and shall provide in detail and with
specificity the following information:

    1. State whether the alleged unlawful conduct is in violation of 18 U.S.C. §§ 1962(a),(b), (c),
    and/or (d) or §§ 772.101(1), (2), (3) and/or (4), Fla.Stat. If you allege violations of more than
    one subsection of § 1962 or § 772.103, each must be treated or should be pled as a separate
    RICO claim.

    2. List each defendant, and separately state the misconduct and basis of liability of each
    defendant.

    3. List the wrongdoers, other than the defendants listed above, and separately state the
    misconduct of each wrongdoer.

    4. List the victims, and separately state when and how each victim was injured.

    5. Describe in detail the pattern of racketeering/criminal activity or collection of an unlawful
    debt for each RICO claim. A description of the pattern of racketeering/criminal activity shall:

       a. separately list the predicate acts/incidents of criminal activity and the specific statutes
       violated by each predicate act/incident of criminal activity;


                                                  26
  b. separately state the dates of the predicate acts/incidents of criminal activity, the
  participants and a description of the facts surrounding each predicate act/incident of criminal
  activity;

  c. if the RICO claim is based on the predicate offenses of wire fraud, mail fraud, fraud in
  the sale of securities, fraud in connection with a case under U.S.C. Title 11, or fraud as
  defined under Chapter 817, Fla.Stat., the “circumstances constituting fraud or mistake shall
  be stated with particularity”, Fed.R.Civ.P. 9(b) (identify the time, place, and contents of the
  misrepresentation or omissions, and the identity of persons to whom and by whom the
  misrepresentations or omissions were made);

  d. state whether there has been a criminal conviction for any of the predicate acts/incidents
  of criminal activity;

  e. describe in detail the perceived relationship that the predicate acts/incidents of criminal
  activity bear to each other or to some external organizing principle that renders them
  “ordered” or “arranged” or “part of a common plan”; and

  f. explain how the predicate acts/incidents of criminal activity amount to or pose a threat
  of continued criminal activity.

6. Describe in detail the enterprise for each RICO claim. A description of the enterprise shall:

  a. state the names of the individuals, partnerships, corporations, associations, or other
  entities constituting the enterprise;

  b.   describe the structure, purpose, roles, function, and course of conduct of the enterprise;

  c.   state whether any defendants are employees, officers, or directors of the enterprise;

  d.   state whether any defendants are associated with the enterprise, and if so, how;

  e. explain how each separate defendant participated in the direction or conduct of the
  affairs of the enterprise;

  f. state whether you allege (i) that the defendants are individuals or entities separate from
  the enterprise, or (ii) that the defendants are the enterprise itself, or (iii) that the defendants
  are members of the enterprise; and

  g. if you allege any defendants to be the enterprise itself, or members of the enterprise,
  explain whether such defendants are perpetrators, passive instruments, or victims of the
  racketeering activity.

7. State whether you allege, and describe in detail, how the pattern of racketeering/criminal
activity and the enterprise are separate or have they merged into one entity.


                                              27
8. Describe the relationship between the activities and the pattern of racketeering/criminal
activity. Discuss how the racketeering/criminal activity differs from the usual and daily
activities of the enterprise, if at all.

9. Describe what benefits, if any, the enterprise and each defendant received from the pattern
of racketeering/criminal activity.

10. Describe the effect of the enterprise’s activities on interstate or foreign commerce.

11. If the complaint alleges a violation of 18 U.S.C. § 1962(a) or § 772.103(1), Fla.Stat.,
provide the following information:

  a. describe the amount of income/proceeds derived, directly or indirectly, from a pattern
  of racketeering/criminal activity, or through the collection of an unlawful debt;

  b. state who received the income/proceeds derived from the pattern of
  racketeering/criminal activity or through the collection of an unlawful debt and the date of
  that receipt;

  c. describe how and when such income/proceeds were invested or used in the acquisition
  of the establishment or operation of the enterprise;

  d.   describe how you were directly injured by the investment or use; and

  e. state whether the same entity is both the liable “person” and the “enterprise” under the
  § 1962(a)/§ 772.103(1) claim.

12. If the complaint alleges a violation of 18 U.S.C. § 1962(b) or § 772.103(2), Fla.Stat.,
provide the following information:

  a. describe in detail the acquisition or maintenance of any interest in or control of the
  enterprise;

  b. describe when the acquisition or maintenance of an interest in or control of the
  enterprise occurred;

  c. describe how you were directly injured by this acquisition or maintenance of an interest
  in or control of the enterprise; and

  d. state whether the same entity is both the liable “person” and the “enterprise” under the
  § 1962(b)/§ 772.103(2) claim.

13. If the complaint alleges a violation of 18 U.S.C. § 1962(c) or § 772.103(3), Fla.Stat.,
provide the following information:


                                            28
       a.   state who is employed by or associated with the enterprise;

       b.   describe what each such person did to conduct or participate in the enterprise’s affairs;

       c. describe how you were directly injured by such person’s conducting or participating in
       the enterprise’s affairs; and

       d. state whether the same entity is both the liable “person” and the “enterprise” under the
       § 1962(c)/§ 772.103(3) claim.

    14. If the complaint alleges a violation of 18 U.S.C. § 1962(d) or § 772.103(4), describe in
    detail the conspiracy, including the identity of the co-conspirators, the object of the conspiracy,
    and the date and substance of the conspiratorial agreement.

    15. Describe the injury to business or property.

    16. Describe the nature and extent of the relationship between the injury and each separate
    RICO violation.

    17. For each claim under a subsection of § 1962 or § 772.103, list the damages sustained by
    reason of each violation, indicating the amount for which each defendants is liable.

    18. Provide any additional information you feel would be helpful to the Court in processing
    your RICO claim.

Effective April 15, 1998.
                                            Comments

(1998) Rule 12.1, modeled on section 41.54 of the Manual for Complex Litigation, Third (1995),
is designed to establish uniform and efficient procedure for handling civil RICO claims asserted
under federal and Florida law.

RULE 15.1 FORM OF A MOTION TO AMEND AND ITS SUPPORTING
DOCUMENTATION

A party who moves to amend a pleading shall attach the original of the amendment to the motion.
Any amendment to a pleading, whether filed as a matter of course or upon a successful motion to
amend, must, except by leave of court, reproduce the entire pleading as amended, and may not
incorporate any prior pleading by reference. When a motion to amend is granted, the amended
pleading shall be filed and served forthwith. A failure to comply with this rule is not grounds for
denial of the motion.

Effective Dec. 1, 1994.



                                                 29
                                            Authority

(1993) Model Local Rule 15.1.

                                           Comments

(1993) This rule has been circulated within the Clerk’s Office and the comments were favorable.
The Clerk’s Office thinks this rule would be helpful.

RULE 16.1 PRETRIAL PROCEDURE IN CIVIL ACTIONS

A. Differentiated Case Management in Civil Actions.

    1. Definition. “Differentiated Case Management” is a system for managing cases based on the
    complexity of each case and the requirement for judicial involvement. Civil cases having
    similar characteristics are identified, grouped and assigned to designated tracks. Each track
    employs a case management plan tailored to the general requirements of similarly situated
    cases.

    2. Case Management Tracks. There shall be 3 case management tracks, as follows:

       (a) Expedited-a relatively non-complex case requiring only 1 to 3 days of trial may be
       assigned to an expedited track in which discovery shall be completed within the period of
       90 to 179 days from the date of the Scheduling Order.

       (b) Standard Track-a case requiring 3 to 10 days of trial may be assigned to a standard track
       in which discovery shall be completed within 180 to 269 days of the Scheduling Order.

       (c) Complex Track-an unusually complex case requiring over 10 days of trial may be
       assigned to the complex track in which discovery shall be completed within 270 to 365 days
       from the date of the Scheduling Order.

    3. Evaluation and Assignment of Cases. The following factors shall be considered in
    evaluating and assigning cases to a particular track: the complexity of the case, number of
    parties, number of expert witnesses, volume of evidence, problems locating or preserving
    evidence, time estimated by the parties for discovery and time reasonably required for trial,
    among other factors. The majority of civil cases will be assigned to a standard track.

    4. The parties shall recommend to the Court in their proposed Scheduling Order filed pursuant
    to Local Rules 16.1.B. to which particular track the case should be assigned.

B. Scheduling Conference and Order.

    1. Party Conference. Except in categories of proceedings exempted from initial disclosures
    under Rule 26(a)(1)(E), Fed.R.Civ.P., or when otherwise ordered, counsel for the parties (or


                                                30
the party, if proceeding pro se), as soon as practicable and in any event at least 21 days before
a scheduling conference is held or a scheduling order is due under Rule 16(b), Fed.R.Civ.P.,
must meet in person, by telephone, or by other comparable means, for the purposes prescribed
by Rule 26(f), Fed.R.Civ.P.

2. Conference Report and Order. The attorneys of record and all unrepresented parties that
have appeared in the case are jointly responsible for submitting to the Court, within fourteen
(14) days of the conference, a written report outlining the discovery plan and discussing

  (a) the likelihood of settlement;

  (b) the likelihood of appearance in the action of additional parties;

  (c) proposed limits on the time:

       (i) to join other parties and to amend the pleadings;

       (ii) to file and hear motions; and

       (iii) to complete discovery.

  (d) proposals for the formulation and simplification of issues, including the elimination of
  frivolous claims or defenses, and the number and timing of motions for summary judgment
  or partial summary judgment;

  (e) the necessity or desirability of amendments to the pleadings;

  (f) the possibility of obtaining admissions of fact and of documents which will avoid
  unnecessary proof, stipulations regarding authenticity of documents and the need for
  advance rulings from the Court on admissibility of evidence;

  (g) suggestions for the avoidance of unnecessary proof and of cumulative evidence;

  (h) suggestions on the advisability of referring matters to a magistrate judge or master;

  (i) a preliminary estimate of the time required for trial;

  (j) requested date or dates for conferences before trial, a final pretrial conference, and trial;
  and

  (k) any other information that might be helpful to the Court in setting the case for status or
  pretrial conference.

The Report shall be accompanied by a Joint Proposed Scheduling Order which shall contain
the following information:


                                             31
       (a) Assignment of the case to a particular track pursuant to Local Rule 16.1.A.1 above;

       (b) The detailed discovery schedule agreed to by the parties;

       (c) A limitation of the time to join additional parties and to amend the pleadings;

       (d) A space for insertion of a date certain for filing all pretrial motions;

       (e) A space for insertion of a date certain for resolution of all pretrial motions by the Court;

       (f) Any proposed use of the Manual on Complex Litigation and any other need for rule
       variations, such as on deposition length or number of depositions;

       (g) A space for insertion of a date certain for the date of pretrial conference (if one is to be
       held); and

       (h) A space for insertion of the date certain for trial.

    In all civil cases (except those expressly exempted below) the Court shall enter a Scheduling
    Order as soon as practicable but in any event within 90 days after the appearance of a defendant
    and within 120 days after the complaint has been served on a defendant. It is within the
    discretion of each judge to decide whether to hold a scheduling conference with the parties
    prior to entering the Scheduling Order.

    3. Notice of Requirement. Counsel for plaintiff, or plaintiff if proceeding pro se, shall be
    responsible for giving notice of the requirements of this subsection to each defendant or counsel
    for each defendant as soon as possible after such defendant’s first appearance.

    4. Exempt Actions. The categories of proceedings exempted from initial disclosures under Rule
    26(a)(1)(E) are exempt from the requirements of this subsection. The Court shall have the
    discretion to enter a Scheduling Order or hold a Scheduling Conference in any case even if such
    case is within an exempt category.

    5. Compliance With Pretrial Orders. Regardless of whether the action is exempt pursuant to
    Rule 26(a)(1)(E), Fed.R.Civ.P., the parties are required to comply with any pretrial orders by
    the Court and the requirements of this Rule including, but not limited to, orders setting pretrial
    conferences and establishing deadlines by which the parties’ counsel must meet, prepare and
    submit pretrial stipulations, complete discovery, exchange reports of expert witnesses, and
    submit memoranda of law and proposed jury instructions.

C. Pretrial Conference Mandatory. A pretrial conference pursuant to Rule 16(a), Fed.R.Civ.P.,
shall be held in every civil action unless the Court specifically orders otherwise. Each party shall
be represented at the pretrial conference and at meetings held pursuant to paragraph D hereof by the
attorney who will conduct the trial, except for good cause shown a party may be represented by


                                                 32
another attorney who has complete information about the action and is authorized to bind the party.

D. Pretrial Disclosures and Meeting of Counsel. Unless otherwise directed by the Court, at least
thirty (30) days before trial each party must provide to the other party and promptly file with the
Court the information prescribed by Rule 26(a)(3), Fed.R.Civ.P. No later than ten days prior to the
date of the pretrial conference, or if no pretrial conference is held, ten days prior to the call of the
calendar, counsel shall meet at a mutually convenient time and place and:

    1. Discuss settlement.

    2. Prepare a pretrial stipulation in accordance with paragraph E of this rule.

    3. Simplify the issues and stipulate to as many facts and issues as possible.

    4. Examine all trial exhibits, except that impeachment exhibits need not be revealed.

    5. Exchange any additional information as may expedite the trial.

E. Pretrial Stipulation Must Be Filed. It shall be the duty of counsel to see that the pretrial
stipulation is drawn, executed by counsel for all parties, and filed with the Court no later than five
days prior to the pretrial conference, or if no pretrial conference is held, five days prior to the call
of the calendar. The pretrial stipulation shall contain the following statements in separate numbered
paragraphs as indicated:

    1. A short concise statement of the case by each party in the action.

    2. The basis of federal jurisdiction.

    3. The pleadings raising the issues.

    4. A list of all undisposed of motions or other matters requiring action by the Court.

    5. A concise statement of uncontested facts which will require no proof at trial, with
    reservations, if any.

    6. A statement in reasonable detail of issues of fact which remain to be litigated at trial. By
    way of example, reasonable details of issues of fact would include: (a) As to negligence or
    contributory negligence, the specific acts or omissions relied upon; (b) As to damages, the
    precise nature and extent of damages claimed; (c) As to unseaworthiness or unsafe condition
    of a vessel or its equipment, the material facts and circumstances relied upon; (d) As to breach
    of contract, the specific acts or omissions relied upon.

    7. A concise statement of issues of law on which there is agreement.

    8. A concise statement of issues of law which remain for determination by the Court.


                                                  33
     9. Each party’s numbered list of trial exhibits, other than impeachment exhibits, with
     objections, if any, to each exhibit, including the basis of all objections to each document. The
     list of exhibits shall be on separate schedules attached to the stipulation, should identify those
     which the party expects to offer and those which the party may offer if the need arises, and
     should identify concisely the basis for objection. In noting the basis for objections, the
     following codes should be used:

             A-Authenticity

             I-Contains inadmissible matter (mentions insurance, prior conviction, etc.)

             R-Relevancy

             H-Hearsay

             UP-Unduly prejudicial-probative value outweighed by undue prejudice

             P-Privileged

     Counsel may agree on any other abbreviations for objections, and shall identify such codes in
     the exhibit listing them.

     10. Each party’s numbered list of trial witnesses, with their addresses, separately identifying
     those whom the party expects to present and those whom the party may call if the need arises.
     Witnesses whose testimony is expected to be presented by means of a deposition shall be so
     designated. Impeachment witnesses need not be listed. Expert witnesses shall be so designated.

     11. Estimated trial time.

     12. Where attorney’s fees may be awarded to the prevailing party, an estimate of each party
     as to the maximum amount properly allowable.

F. Unilateral Filing of Pretrial Stipulation Where Counsel Do Not Agree. If for any reason
the pretrial stipulation is not executed by all counsel, each counsel shall file and serve separate
proposed pretrial stipulations not later than five days prior to the pretrial conference, or if no pretrial
conference is held, five days prior to the call of the calendar, with a statement of reasons no
agreement was reached thereon.

G. Record of Pretrial Conference Is Part of Trial Record. Upon the conclusion of the final
pretrial conference, the Court will enter further orders as may be appropriate. Thereafter the pretrial
stipulation as so modified will control the course of the trial, and may be thereafter amended by the
Court only to prevent manifest injustice. The record made upon the pretrial conference shall be
deemed a part of the trial record. Provided, however, any statement made concerning possible
compromise settlement of any claim shall not be a part of the trial record, unless consented to by all
parties appearing.


                                                    34
H. Discovery Proceedings. All discovery proceedings must be completed no later than ten days
prior to the date of the pretrial conference, or if no pretrial conference is held, ten days prior to the
call of the calendar, unless further time is allowed by order of the Court for good cause shown.

I. Newly Discovered Evidence or Witnesses. If new evidence or witnesses be discovered after
the pretrial conference, the party desiring their use shall immediately furnish complete details
thereof and the reason for late discovery to the Court and to opposing counsel. Use may be allowed
by the Court in furtherance of the ends of justice.

J. Memoranda of Law. Counsel shall serve and file memoranda treating any unusual questions
of law, including motions in limine, no later than five days prior to the pretrial conference, or if no
pretrial conference is held, five days prior to the call of the calendar.

K. Exchange Expert Witness Summaries/Reports. Where expert opinion evidence is to be
offered at trial, summaries of the expert’s anticipated testimony or written expert reports (including
lists of the expert’s qualifications to be offered at trial, publications and writings, style of case and
name of court and judge in cases in which the expert has previously testified and the subject of that
expert testimony, the substance of the facts and all opinions to which the expert is expected to
testify, and a summary of the grounds for each opinion) shall be exchanged by the parties no later
than 90 days prior to the pretrial conference, or if no pretrial conference is held, 90 days prior to the
call of the calendar, provided, however, that if the expert opinion evidence is intended solely to
contradict or rebut evidence on the same subject matter identified by another party’s expert, then
the expert summary or report for such evidence shall be served no later than 30 days after the expert
summary or report is served by the other party.

L. Proposed Jury Instructions or Proposed Findings of Facts and Conclusions of Law. At
the close of the evidence or at an earlier reasonable time that the Court directs, counsel may submit
proposed jury instructions or, where appropriate, proposed findings of fact and conclusions of law
to the Court, with copies to all other counsel. At the close of the evidence, a party may: file
additional instructions covering matters occurring at the trial that could not reasonably be
anticipated; and, with the Court’s permission, file untimely requests for instructions on any issue.

M. Penalty for Failure to Comply. Failure to comply with the requirements of this rule will
subject the party or counsel to appropriate penalties, including but not limited to dismissal of the
cause, or the striking of defenses and entry of judgment.

Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 1997; April 15, 1998; April
15, 2001; April 15, 2004.

                                              Authority

(1993) Former Local Rule 17. Changes have been made in recognition of the fact that the call of
the calendar is a benchmark for deadlines if no final pretrial is held; the need for more specificity
in expert resumes; and some modifications were needed to pretrial stipulation rule. All counsel now


                                                   35
share responsibility to prepare a pretrial stipulation. Codes are provided for the customary
objections to exhibits.

                                             Comments

(1993) Sections A and B.7 added in accordance with recommendation of the Civil Justice Advisory
Group.

(1994) K. This rule is based in part on the disclosure requirements of Federal Rule 26(a)(2), as
amended effective December 1, 1993, and in part on superseded Federal Rule 26(b)(4) concerning
expert interrogatories.

(1996)[B.1.] In order to avoid uncertainty as to which documents were produced at a scheduling
conference, the rule is amended to require that a party producing documents at the conference either
uniquely stamp the documents or provide a particularized list of what is being produced.

(1996)[K.] The change is intended to make the timing of disclosing expert witness information
consistent with that prescribed by Fed.R.Civ.P. 26(a)(2)(C), to delete the language referring to an
expert “resume” as being superfluous, and to make clear the expert witness information to be
disclosed may be either a summary prepared by counsel or a report prepared by the expert (both of
which are required to provide the information specified).

(1997)[B.] Letters rogatory and registrations of foreign judgment made exempt from scheduling
requirements as unnecessary.

(1998) Rule 16.1.B.6 is modified to make clear that, at the time of the scheduling conference,
counsel should discuss whether there is a need to modify any standard procedure, not just whether
the Manual for Complex Litigation should read. Rule 16.1.B.7(f) if modified to make clear that the
Joint Proposed Scheduling Order should contain any joint or unilateral requests to exceed deposition
limitations in length and number, as well as any other proposed variations from these rules or the
Federal Rules of Civil Procedure that are not specifically addressed in other paragraphs of this rule.

(2001) Rules 16.1.B, D and E amended to conform with the December 2000 amendments to Rule
26, Fed.R.Civ.P.

(2004) Local Rule 16.1.B.2 is amended, in conjunction with the amendment of the last sentence
in Local Rule 7.1.C.2, to emphasize the need to discuss at the scheduling conference of parties
and/or counsel the number and timing of motions for summary judgment or partial summary
judgment, and have the Scheduling Order address these issues. Local Rule 16.1.L is amended to
conform to the December 2003 amendment to Fed.R.Civ.P. 51.

RULE 16.2 COURT ANNEXED MEDIATION

A. General Provisions.

    1. Definitions. Mediation is a supervised settlement conference presided over by a qualified,
    certified and neutral mediator to promote conciliation, compromise and the ultimate settlement

                                                 36
    of a civil action.

    The mediator is an attorney, certified by the chief judge in accordance with these rules, who
    possesses the unique skills required to facilitate the mediation process including the ability to
    suggest alternatives, analyze issues, question perceptions, use logic, conduct private caucuses,
    stimulate negotiations between opposing sides and keep order.

    The mediation process does not allow for testimony of witnesses. The mediator does not
    review or rule upon questions of fact or law, or render any final decision in the case. Absent
    a settlement, the mediator will report only to the presiding judge as to whether the case settled,
    was adjourned for further mediation (by agreement of the parties), or that the mediator declared
    an impasse.

    2. Purpose. It is the purpose of the Court, through adoption and implementation of this rule,
    to provide an alternative mechanism for the resolution of civil disputes leading to disposition
    before trial of many civil cases with resultant savings in time and costs to litigants and to the
    Court, but without sacrificing the quality of justice to be rendered or the right of the litigants
    to a full trial in the event of an impasse following mediation. Mediation also enables litigants
    to take control of their dispute and encourages amicable resolution of disputes.

B. Certification; Qualification and Compensation of Mediators.

    1. Certification of Mediators. The chief judge shall certify those persons who are eligible and
    qualified to serve as mediators under this rule, in such numbers as the chief judge shall deem
    appropriate. Thereafter, the chief judge shall have complete discretion and authority to
    withdraw the certification of any mediator at any time.

    2. Lists of Certified Mediators. Lists of certified mediators shall be maintained in the offices
    of the Clerk and shall be made available to counsel and the public upon request.

    3. Qualifications of Mediators. An individual who has completed a minimum of 40 hours in
    the Florida Circuit Court Mediation Training Course certified by the Florida Supreme Court
    may be certified to serve as a mediator if:

       (a) He or she is a former state court judge who presided in a court of general jurisdiction
       and was also a member of the bar in the state in which he or she presided; or

       (b) He or she is a retired federal judicial officer; or

       (c) He or she has been admitted to a State Bar or the Bar of the District of Columbia for at
       least ten (10) years and is currently admitted to the Bar of this Court; or

       (d) The advisory committee shall have determined that for exceptional circumstances an
       individual who does not qualify under sections (1), (2), or (3) above should be certified as
       a mediator.


                                                 37
    Any individual who seeks certification as a mediator shall agree to accept at least two (2)
    mediation assignments per year in cases where at least one party lacks the ability to compensate
    the mediator, in which case the mediator’s fees shall be reduced accordingly or the mediator
    shall serve pro bono (if no litigant is able to contribute compensation).

    The chief judge shall constitute an advisory committee from lawyers who represent those
    categories of civil litigants who may utilize the mediation program and lay persons to assist in
    formulating policy and additional standards relating to the qualification of mediators and the
    operation of the mediation program and to review applications of prospective mediators and
    to recommend certification to the chief judge as appropriate.

    4. Oath Required. Every mediator shall take the oath or affirmation prescribed by 28 U.S.C.
    § 453 upon qualifying as a mediator.

    5. Disqualification of a Mediator. Any person selected as a mediator may be disqualified for
    bias or prejudice as provided in 28 U.S.C. § 144, and shall be disqualified in any case in which
    such action would be required by a justice, judge, or magistrate judge governed by 28 U.S.C.
    § 455.

    6. Compensation of Mediators. Mediators shall be compensated (a) at the rate provided by
    standing order of the Court, as amended from time to time by the chief judge, if the mediator
    is appointed by the Court without input or at the request of the parties; or (b) at such rate as
    may be agreed to in writing by the parties and the mediator, if the mediator is selected by the
    parties. Absent agreement of the parties to the contrary, the cost of the mediator’s services
    shall be borne equally by the parties to the mediation conference.

C. Types of Cases Subject to Mediation. The following types of cases shall not be subject to
mediation pursuant to these rules:

    1. Habeas corpus cases;

    2. Motion to vacate sentence under 28 U.S.C. § 2255;

    3. Social Security cases;

    4. Foreclosure matters;

    5. Civil forfeiture matters;

    6. IRS summons enforcement actions;

    7. Bankruptcy proceedings, including appeals and adversary proceedings;

    8. Land condemnation cases;


                                                38
    9. Default proceedings;

    10. Student loan cases;

    11. VA loan overpayment cases;

    12. Naturalization proceedings filed as civil actions;

    13. Cases seeking review of administrative agency action;

    14. Statutory interpleader actions;

    15. Truth-in-Lending Act cases not brought as class actions;

    16. Interstate Commerce Act cases (freight charges, railway freight claims, etc.);

    17. Labor Management Relations Act and ERISA actions seeking recovery for unpaid
    employee welfare benefit and pension funds;

    18. Civil penalty cases;

    19. Letters rogatory;

    20. Registration of foreign judgments; and

    21. Any other case expressly exempted by Court order.

D. Procedures to Refer a Case or Claim to Mediation.

    1. Order of Referral. In every civil case excepting those listed in Rule 16.2.C., the Court shall
    enter an order of referral similar in form to the proposed order attached hereto which shall:

      (a) Direct mediation be conducted not later than sixty (60) days before the scheduled trial
      date which shall be established no later than the date of the issuance of the order of referral.

      (b) Direct within 15 days of the date of the order of referral, to agree upon a mediator. The
      parties are encouraged to utilize the list of certified mediators established in connection with
      Rule 16.2.B. but may by mutual agreement select any individual as mediator. The parties
      shall advise the Clerk’s office as to such choice within that period of time, failing which the
      Clerk will designate a mediator from the aforementioned list of certified mediators on a
      blind random basis.

    2. Coordination of Mediation Conference. Plaintiff’s counsel (or another attorney agreed upon
    by all counsel of record) shall be responsible for coordinating the mediation conference date
    and location agreeable to the mediator and all counsel of record.


                                                39
     3. Stipulation of Counsel. Any action or claim may be referred to mediation upon stipulation
     of the parties.

     4. Withdrawal From Mediation. Any civil action or claim referred to mediation pursuant to
     this rule may be exempt or withdrawn from mediation by the presiding judge at any time,
     before or after reference, upon application of a party and/or determination for any reason that
     the case is not suitable for mediation.

E. Party Attendance Required. Unless otherwise excused by the presiding judge in writing, all
parties, corporate representative, and any other required claims professionals (insurance adjusters,
etc.), shall be present at the mediation conference with full authority to negotiate a settlement. If
a party to a mediation is a public entity required to conduct its business pursuant to chapter 286,
Florida Statutes, and is a defendant or counterclaim defendant in the underlying litigation, that party
shall be deemed to appear at a mediation conference by the physical presence of a representative
with full authority to negotiate on behalf of the entity and to recommend settlement to the
appropriate decision-making body of the entity. The mediator shall report non-attendance and may
recommend that the Court enter sanctions for non-attendance. Failure to comply with the attendance
or settlement authority requirements may subject a party to sanctions by the Court.

F.   Mediation Report; Notice of Settlement; Judgment.

     1. Mediation Report. Within five (5) days following the mediation conference, the mediator
     shall file a Mediation Report indicating whether all required parties were present. The report
     shall also indicate whether the case settled, was continued with the consent of the parties, or
     whether the mediator declared an impasse.

     2. Notice of Settlement. In the event that the parties reach an agreement to settle the case or
     claim, counsel shall promptly notify the Court of the settlement by the filing of a notice of
     settlement signed by counsel of record within ten (10) days of the mediation conference.
     Thereafter the parties shall forthwith submit an appropriate pleading concluding the case.

G. Trial Upon Impasse.

     1. Trial Upon Impasse. If the mediation conference ends in an impasse, the case will be tried
     as originally scheduled.

     2. Restrictions on the Use of Information Derived During the Mediation Conference. All
     proceedings of the mediation conference, including statements made by any party, attorney, or
     other participant, are privileged in all respects. The proceedings may not be reported, recorded,
     placed into evidence, made known to the trial court or jury, or construed for any purpose as an
     admission against interest. A party is not bound by anything said or done at the conference,
     unless a written settlement is reached, in which case only the terms of the settlement are
     binding.



                                                  40
H. Forms for Use in Mediation.

                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA


________________________
                        :
                        :                                                 Civil Action No. _______
                        :
                        :
      CAPTION           :
                        :
                        :
                        :
________________________:


        Trial having been set in this matter for __________, 20 ___, pursuant to Federal Rule of
Civil Procedure 16 and Southern District Local Rule 16.2, it is hereby

       ORDERED AND ADJUDGED as follows:

1.      All parties are required to participate in mediation. The mediation shall be completed no
later than 60 days before the scheduled trial date.

2.      Plaintiff’s counsel, or another attorney agreed upon by all counsel of record and any
unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are
encouraged to avail themselves of the services of any mediator on the List of Certified Mediators,
maintained in the office of the Clerk of this Court, but may select any other mediator. The parties
shall agree upon a mediator within fifteen (15) days from the date hereof. If there is no agreement,
lead counsel shall promptly notify the Clerk in writing and the Clerk shall designate a mediator from
the List of Certified Mediators, which designation shall be made on a blind rotation basis.

3.     A place, date and time for mediation convenient to the mediator, counsel of record, and
unrepresented parties shall be established. The lead attorney shall complete the form order attached
and submit it to the Court.

4.       The appearance of counsel and each party or representatives of each party with full authority
to enter into a full and complete compromise and settlement is mandatory. If insurance is involved,
an adjuster with authority up to the policy limits or the most recent demand, whichever is lower,
shall attend.

5.     All discussions, representations and statements made at the mediation conference shall be
confidential and privileged.


                                                 41
6.      At least ten days prior to the mediation date, all parties shall present to the mediator a brief
written summary of the case identifying issues to be resolved. Copies of these summaries shall be
served on all other parties.

7.     The Court may impose sanctions against parties and/or counsel who do not comply with the
attendance or settlement authority requirements herein who otherwise violate the terms of this
Order. The mediator shall report non-attendance and may recommend imposition of sanctions by
the Court for non-attendance.

8.      The mediator shall be compensated in accordance with the standing order of the Court
entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and
the mediator selected by the parties. The cost of mediation shall be shared equally by the parties
unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30
days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the
scheduled mediation conference must be given at least two (2) full business days in advance.
Failure to do so will result in imposition of a fee for one hour.

9.      If a full or partial settlement is reached in this case, counsel shall promptly notify the Court
of the settlement in accordance with Local Rule 16.2.F., by the filing of a notice of settlement signed
by counsel of record within ten (10) days of the mediation conference. Thereafter the parties shall
forthwith submit an appropriate pleading concluding the case.

10.    Within five (5) days following the mediation conference, the mediator shall file a Mediation
Report indicating whether all required parties were present. The report shall also indicate whether
the case settled (in full or in part), was continued with the consent of the parties, or whether the
mediator declared an impasse.

11.    If mediation is not conducted, the case may be stricken from the trial calendar, and other
sanctions may be imposed.

       DONE AND ORDERED this _____ day of _______, 20___.

                                                                       ________________________
                                                                       U.S. District Judge

Copies furnished:
All counsel of record

                                                 -----




                                                  42
                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA


________________________:
                        :
                        :
          CAPTION       :                                                  Civil Action No. _______
                        :
                        :
                        :
________________________:

                              ORDER SCHEDULING MEDIATION

      The mediation conference in this matter shall be held with __________ __________ on
_______, 20___, at _____(am/pm) at __________ _______, Florida.

       ENTERED this _____ day of _____, 20___.


                                                               ___________________________
                                                               U.S. District Judge

Copies furnished:
All counsel of record

Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 1997; April 15, 1999; April
15, 2004.

                                             Comments

(1996)[B.3(c).] Deletion of reference to Trial Bar to conform to new Local Rules 1 through 4 of the
Special Rules Governing the Admission and Practice of Attorneys, effective January 1, 1996.

(1997)[C.] Letters rogatory and registrations of foreign judgment made exempt from mediation
requirements as unnecessary.

(1997)[E.] Florida’s “Government in the Sunshine” Law, Florida Statutes § 286.011, as incorporated
into the Florida Government Cooperation Act, Florida Statutes § 164.106, does not permit public
entities to settle litigation against them without a public hearing preceded by due public notice.
Public entities have therefore at times found themselves unable to comply with Local Rule 16.2.E.
and have had to seek an exception from the rule in order to permit mediation. This amendment
relaxes the requirement that parties be present with full authority to consummate a settlement where
a public entity is a defendant, and provides instead that a representative be present who can negotiate
settlement on the entity’s behalf and recommend settlement to the entity.


                                                  43
(1999) [B.6] Language is added to clarify that mediators appointed by the Court without input by
the parties are compensated at the rate set by the standing administrative order.

RULE 16.3 CALENDAR CONFLICTS

A. Priorities. In resolving calendar conflicts between the federal courts or between this Court and
the courts of the State of Florida, the following case priorities must be considered:

    1. Criminal cases should prevail over civil cases.

    2. Jury trials should prevail over non-jury trials.

    3. Appellate arguments, hearings, and conferences should prevail over trial court proceedings.

    4. The case in which the trial date has been first set by written order should take precedence.

B. Additional Circumstances. Factors such as cost, numbers of witnesses and attorneys involved,
travel, length of trial, age of case, and other relevant matters may warrant deviation from these case
priorities.

C. Notice and Agreement; Resolution by Judges. When an attorney is scheduled to appear in
two courts at the same time and cannot arrange for other counsel to represent the clients’ interests,
the attorney shall give prompt written notice of the conflict to opposing counsel, the clerk of each
court, and the presiding judge of each case, if known. If the presiding judge of the case cannot be
identified, written notice of the conflict shall be given to the chief judge of the court having
jurisdiction over the case, or to the chief judge’s designee. The judges or their designees shall
confer and undertake to avoid the conflict by agreement among themselves. Absent agreement,
conflicts should be promptly resolved by the judges or their designees in accordance with the above
case priorities.

Effective April 15, 2000.

                                             Authority

(2000) Resolution of the Florida State-Federal Council Regarding Calendar Conflicts Between State
and Federal Courts. See also Fla.R.Judim.Admin. 2.052.

                                             Comments

(2000) The adoption of this rule was prompted by the Resolution of the Florida State-Federal
Judicial Council Regarding Calendar Conflicts Between State and Federal Courts.




                                                 44
RULE 23.1 CLASS ACTIONS

In any case sought to be maintained as a class action:

    1. The complaint shall bear next to its caption the legend “Complaint-Class Action.”

    2. The complaint shall contain under a separate heading, styled “Class Action Allegations:”

       (a) A reference to the portion or portions of Rule 23, Fed.R.Civ.P., under which it is
       claimed that the suit is properly maintainable as a class action.

       (b) Appropriate allegations thought to justify such claim, including, but not necessarily
       limited to:

            (i) the size (or approximate size) and definition of the alleged class

            (ii) the basis upon which the plaintiff (or plaintiffs) claims

                 (A) to be an adequate representative of the class, or

                 (B) if the class is composed of defendants, that those named as parties are
                 adequate representatives of the class

            (iii) the alleged questions of law and fact claimed to be common to the class, and

            (iv) in actions claimed to be maintainable as class actions under subdivision (b)(3) of
            Rule 23, Fed.R.Civ.P., allegations thought to support the findings required by that
            subdivision.

    3. In ruling on any motion by a putative class action plaintiff for a determination under
    subdivision (c)(1) of Fed.R.Civ.P. 23 as to whether an action is to be maintained as a class
    action, the Court may allow the action to be so maintained, may disallow and strike the class
    action allegations, or may order postponement of the determination pending discovery or such
    other preliminary procedures as appear to be appropriate and necessary in the circumstances.
    Whenever possible, where it is held that the determination should be postponed, a date will be
    fixed by the Court for renewal of the motion.

    4. The foregoing provisions shall apply, with appropriate adaptations, to any counterclaim or
    crossclaim alleged to be brought for or against a class.

Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 2001; April 15, 2004.

                                            Authority

(1993) Former Local Rule 19. Renumbered per Model Rules. In accordance with Model Rule 23.1.


                                                 45
                                             Comments

(1996) Rule 23.1 of the Local Rules of the United States District Court for the Southern District of
Florida has been amended to delete Sections B and C in their entirety. Sections B and C of Local
Rule 23.1 had been modeled verbatim from the Manual for Complex Litigation App. Sec. 1.41.
Section B barred counsel for parties in class actions to communicate directly or indirectly with
potential or actual class members without advance approval from the Court. Section C created
exceptions for attorney-client communications initiated by a client or a prospective client, and
communications by public officials in the regular course of business or in the performance of their
duties.

Section B has been deleted to conform to the United States Supreme Court’s ruling in Gulf Oil Co.
v. Bernard, 452 U.S. 89 (1981). In that case the Supreme Court found that a district court order
using language identical to Sections B and C was inconsistent with the general policies embodied
in Rule 23, Fed.R.Civ.P. The Court held that any order limiting communications between parties
and potential class members “should be based on a clear record and specific findings that reflect a
weighing of the need for a limitation and the potential interference with the rights of the parties.”
Id. at 101. Because Gulf Oil requires that such orders be issued on a case-by-case basis, the general
prohibition of Section B is unacceptable.

In light of the deletion of Section B, the exceptions to that section created by Section C have also
been deleted.

(2001) Corrects typographical error.

(2004) Local Rule 23.1.3 is amended to delete the requirement that a class action plaintiff move,
within 90 days after the filing of the complaint, for a determination under Fed.R.Civ.P. 23(c)(1) as
to whether the action should be maintained as a class action, to conform to the December 2003
amendment to Fed.R.Civ.P. 23(c)(1)(A), which clarifies that a Court may defer the decision on
whether to certify a class if it is prudent to do so.

RULE 24.1 CONSTITUTIONAL CHALLENGE TO ACT OF CONGRESS OR STATE
STATUTE

A. Act of Congress. Upon the filing of any action in which the constitutionality of an Act of
Congress affecting the public interest is challenged, and to which action the United States or an
agency, officer, or employee thereof is not a party in its or their official capacity, counsel
representing the party who challenges the Act shall forthwith notify the Court of the existence of
the constitutional question. The notice shall contain the full title and number of the action and shall
designate the statute assailed and the grounds upon which it is assailed, so that the Court may
comply with its statutory duty to certify the fact to the Attorney General of the United States as
required by 28 U.S.C. § 2403. The party challenging constitutionality shall also so indicate on the
pleading or paper which first does so by stating, immediately following the title of the pleading or
paper, Claim of Unconstitutionality.”


                                                  46
B. State Statute. Upon the filing of any action in which the constitutionality of a state statute,
charter, ordinance, or franchise is challenged, counsel shall comply with the notice provisions of
Section 86.091, Florida Statutes.

C. No Waiver. Failure to comply with this Rule will not be grounds for waiving the constitutional
issue or for waiving any other right the party may have. Any notice provided under this rule, or lack
of notice, will not serve as a substitute for, or as a waiver of, any pleading requirements set forth in
the Federal Rules or statutes.

Effective Dec. 1, 1994.

                                               Authority

(1993) Former Local Rule 9; Model Rule 24.1.


RULE 26.1 DISCOVERY AND DISCOVERY DOCUMENTS (CIVIL)

A. Initial Disclosures. Except in categories of proceedings specified in Rule 26(a)(1)(E),
Fed.R.Civ.P., or to the extent otherwise stipulated or directed by order, a party must comply with
the disclosure obligations imposed under Rule 26(a)(1), Fed.R.Civ.P., in the form prescribed by
Rule 26(a)(4), Fed.R.Civ.P.

B. Service and Filing of Discovery Material. In accordance with Rule 5(d), Fed.R.Civ.P.,
disclosures under Rule 26(a)(1) or (2), Fed.R.Civ.P., and the following discovery requests and
responses must not be filed with the Court or the Clerk, nor proof of service thereof, until they are
used in the proceeding or the court orders filing: (i) depositions; (ii) interrogatories, (iii) requests
for documents or to permit entry upon land, and (iv) requests for admission.

C. Discovery Material to Be Filed With Motions. If relief is sought under any of the Federal
Rules of Civil Procedure, copies of the discovery matters in dispute shall be filed with the Court
contemporaneously with any motion filed under these rules by the party seeking to invoke the
Court’s relief.

D. Discovery Material to Be Filed at Outset of Trial or at Filing of Pre-trial or Post-trial
Motions. If depositions, interrogatories, requests for documents, requests for admission, answers
or responses are to be used at trial or are necessary to a pre-trial or post-trial motion, the portions
to be used shall be filed with the Clerk at the outset of the trial or at the filing of the motion insofar
as their use can be reasonably anticipated by the parties having custody thereof.

E. Discovery Material to Be Filed on Appeal. When documentation of discovery not previously
in the record is needed for appeal purposes, upon an application and order of the Court, or by
stipulation of counsel, the necessary discovery papers shall be filed with the Clerk.



                                                   47
F.   Timing of Discovery.

     1. When Discovery May Be Taken. In accordance with Rule 26(d), Fed.R.Civ.P., except in
     categories of proceedings exempted from initial disclosures under Rule 26(a)(1)(E),
     Fed.R.Civ.P., or when authorized under the Federal Rules of Civil Procedure or by order or
     agreement of the parties, a party may not seek discovery from any source before the parties
     have conferred as required by Rule 26(f), Fed.R.Civ.P.

       a. Leave of Court is not required under Rule 30(a)(2)(C), Fed.R.Civ.P., if a party seeks to
       take a deposition before the time specified in Rule 26(d), Fed.R.Civ.P., if the notice contains
       a certification, with supporting facts, that the person to be examined is expected to leave the
       United States and be unavailable for examination in this country unless deposed before that
       time.

       b. A party may depose any person who has been identified as an expert whose opinions may
       be presented at trial. The deposition shall not be conducted until after the expert summary
       or report required by Local Rule 16.1.K. is provided.

G. Interrogatories and Document Requests.

     1. The presumptive limitation on the number of interrogatories (25 questions including all
     discrete subparts) which may be served without leave of court or written stipulation, as
     prescribed by Rule 33(a), Fed.R.Civ.P., shall apply to actions in this Court. Interrogatories
     propounded in the form set forth in Appendix B to these rules shall be deemed to comply with
     the numerical limitations of Rule 33(a).

     2. No part of an interrogatory shall be left unanswered merely because an objection is
     interposed to another part of the interrogatory.

     3. (a) Where an objection is made to any interrogatory or sub-part thereof or to any document
        request under Fed.R.Civ.P. 34, the objection shall state with specificity all grounds. Any
        ground not stated in an objection within the time provided by the Federal Rules of Civil
        Procedure, or any extensions thereof, shall be waived.

       (b) Where a claim of privilege is asserted in objecting to any interrogatory or document
       demand, or sub-part thereof, and an answer is not provided on the basis of such assertion:

            (i) The attorney asserting the privilege shall in the objection to the interrogatory or
            document demand, or sub-part thereof, identify the nature of the privilege (including
            work product) which is being claimed and if the privilege is being asserted in
            connection with a claim or defense governed by state law, indicate the state’s privilege
            rule being invoked; and

            (ii) The following information shall be provided in the objection, unless divulgence of
            such information would cause disclosure of the allegedly privileged information:


                                                 48
               (A) For documents: (1) the type of document; (2) general subject matter of the
               document; (3) the date of the document; (4) such other information as is sufficient
               to identify the document for a subpoena duces tecum, including, where appropriate,
               the author of the document, the addressee of the document, and, where not
               apparent, the relationship of the author and addressee to each other;

               (B) For oral communications: (1) the name of the person making the
               communication and the names of persons present while the communication was
               made and, where not apparent, the relationship of the persons present to the person
               making the communication; (2) the date and the place of communication; (3) the
               general subject matter of the communication.

      (c) This rule requires preparation of a privilege log with respect to all documents and oral
      communications withheld on the basis of a claim of privilege or work product protection
      except the following: written and oral communications between a party and its counsel after
      commencement of the action and work product material created after commencement of the
      action.

   4. Interrogatories shall be so arranged that following each question there shall be provided
   sufficient blank space for inserting a typed response. If the space allotted is insufficient, the
   responding party shall retype the pages repeating each question in full followed by the answer
   or objection thereto.

   5. Whenever a party answers any interrogatory by reference to records from which the answer
   may be derived or ascertained, as permitted in Fed.R.Civ.P. 33(c):

      (a) The specification of documents to be produced shall be in sufficient detail to permit the
      interrogating party to locate and identify the records and to ascertain the answer as readily
      as could the party from whom discovery is sought.

      (b) The producing party shall make available any computerized information or summaries
      thereof that it either has or can adduce by a relatively simple procedure, unless these
      materials are privileged or otherwise immune from discovery.

      (c) The producing party shall provide any relevant compilations, abstracts or summaries
      in its custody or readily obtainable by it, unless these materials are privileged or otherwise
      immune from discovery.

      (d) The documents shall be made available for inspection and copying within ten days after
      service of the answers to interrogatories or at a date agreed upon by the parties.

H. Discovery Motions.

   1. Time for Filing. All motions related to discovery, including but not limited to motions to
   compel discovery and motions for protective order, shall be filed within thirty (30) days of the


                                               49
     occurrence of grounds for the motion. Failure to file discovery motion within thirty (30) days,
     absent a showing of reasonable cause for a later filing, may constitute a waiver of the relief
     sought.

     2. Motions to Compel. Except for motions grounded upon complete failure to respond to the
     discovery sought to be compelled or upon assertion of general or blanket objections to
     discovery, motions to compel discovery in accordance with Rules 33, 34, 36 and 37,
     Fed.R.Civ.P., shall quote verbatim each interrogatory, request for admission or request for
     production and the response to which objections is taken followed by (a) the specific
     objections, (b) the grounds assigned for the objection (if not apparent from the objection), and
     (c) the reasons assigned as supporting the motion, all of which shall be written in immediate
     succession to one another. Such objections and grounds shall be addressed to the specific
     interrogatory or request and may not be made generally.

I.   Certificate of Counsel. See Local Rule 7.1.A.3 and Fed.R.Civ.P. 37(a)(2).

J. Reasonable Notice of Taking Depositions. Unless otherwise stipulated by all interested
parties, pursuant to Rule 29, Fed.R.Civ.P., and excepting the circumstances governed by Rule 30(a),
Fed.R.Civ.P., a party desiring to take the deposition within this State of any person upon oral
examination shall give at least five (5) working days’ notice in writing to every other party to the
action and to the deponent (if the deposition is not of a party), and a party desiring to take the
deposition in another State of any person upon oral examination shall give at least ten (10) working
days’ notice in writing to every other party to the action and the deponent (if the deposition is not
of a party).

Failure by the party taking the oral deposition to comply with this rule obviates the need for
protective order.

Notwithstanding the foregoing, in accordance with Rule 32(a)(3), Fed.R.Civ.P., no deposition shall
be used against a party who, having received less than eleven (11) calendar days’ notice of a
deposition as computed under Rule 6(a), Fed.R.Civ.P., has promptly upon receiving such notice
filed a motion for protective order under Rule 26(c)(2) requesting that the deposition not be held or
be held at a different time or place and such motion is pending at the time the deposition is held.

K. Length of Depositions. Unless otherwise authorized by the Court or stipulated by the parties,
a deposition is limited, under Rule 30(d), Fed.R.Civ.P., to one day of seven hours.

Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 1998; April 15, 2001; April
15, 2003; April 15, 2004.

                                             Authority

(1993) Former Local Rule 10I. New portions of Section E [1994, now Subsections G.2-8] are based
on S.D.N.Y. local rule.



                                                 50
                                             Comments

(1993) Section G [1994, now Section I] was modified to include all discovery motions at the
recommendation of the Civil Justice Advisory Group.

(1994) A., F., G.1., J. (third paragraph). The amendments are necessary in light of the December
1, 1993 amendment to Fed.R.Civ.P. 26, 32(a)(3), and 33(a).

(1996)[F.1.] Rule 26.1.F.1. was added to make the timing of expert witness depositions consistent
with that prescribed by Fed.R.Civ.P. 26(b)(4)(A).

(1996)[I.] The “attempt to confer” language is added to mirror the obligations imposed by
Fed.R.Civ.P. 37(a)(2)(A) and (B) and in recognition of the circumstance in which counsel for the
moving party has attempted to confer with counsel for the opposing party, who fails or refuses to
communicate. Violations of the rule, whether by counsel for the moving or opposing party, may be
cause to grant or deny the discovery motion on that basis alone, irrespective of the merits of the
motion, and may justify the imposition of sanctions. The sanctions language is modeled after
Fed.R.Civ.P. 26(g)(3) and 37(a)(4).

(1998) Rule 26.1.G.2 is amended to reflect the Court’s approval of “form” interrogatories which
comply with the subject limitations of the rule. Prior Rule 26.1.H, regarding motions to compel, is
renumbered Rule 26.1H.2. Rule 26.2.H.1 is added to ensure that discovery motions are filed when
ripe and not held until shortly before the close of discovery or the eve of trial. Rule 26.1.K is added
to limit depositions to six hours absent court order or agreement of the parties and any affected
non-party witness. The rule is adopted after an eighteen month pilot program was implemented
pursuant to Administrative Order 96-26.

(2001) Rules 26.1.A., B, F, G and K are amended to conform with the December 2000 amendments
to Rules 5, 26 and 30, Fed.R.Civ.P. Rule 26.1.I is amended to make clear that the obligation to
confer in advance of moving to compel production of documents sought from a non-party by
subpoena includes consultation with all parties who may be affected by the relief sought and with
the non-party recipient of the subpoena.

(2003) The amendment to Rule 26.1.G.3 is based on N.D. Okla. Local Rule 26.4(b) and eliminates
the requirement to include on a privilege log (1) communications between a party and its counsel
after commencement of the action, and (2) work product material created after commencement of
the action.

(2004) Local Rule 26.1.I is amended in conjunction with the amendment of Local Rule 7.1.A.3 to
avoid confusion and clarify pre-filing conference obligations.

RULE 30.1 SANCTIONS FOR ABUSIVE DEPOSITION CONDUCT

A. The following abusive deposition conduct is prohibited:

    1. Objections or statements which have the effect of coaching the witness, instructing the


                                                  51
    witness concerning the way in which he or she should frame a response, or suggesting an
    answer to the witness.

    2. Interrupting examination for an off-the-record conference between counsel and the witness,
    except for the purpose of determining whether to assert a privilege.

    3. Instructing a deponent not to answer a question except when to preserve a privilege, to
    enforce a limitation on evidence directed by the court, or to present a motion under
    Fed.R.Civ.P. 30(d)(4).

    4. Filing a motion for protective order or to limit examination without a substantial basis in
    law.

    5. Questioning that unfairly embarrasses, humiliates, intimidates, or harasses the deponent, or
    invades his or her privacy absent a clear statement on the record explaining how the answers
    to such questions will constitute, or lead to, competent evidence admissible at trial.

B. Whenever it comes to the attention of the court that an attorney or party has engaged in abusive
deposition conduct, the court may appoint a special master under Fed.R.Civ.P. 53, at the expense
of the attorney or person engaging in such conduct (or of both sides), to attend future depositions,
exercise such authority, and prepare such reports as the court shall direct.

C. The court, if it anticipates deposition abuse, may order that any deposition be taken at the
courthouse or special master’s office so that, at the request of any party, witness, or counsel, any
dispute may be heard and decided immediately by the court or special master.

D. Whenever a judge or magistrate judge shall determine that any party or counsel unreasonably
has interrupted, delayed, or prolonged any deposition, whether by excessive questioning, objecting,
or other conduct, the party or its counsel, or both, may be ordered to pay each other party’s
expenses, including without limitation, reasonably necessary travel, lodging, reporter’s fees,
attorneys’ fees, and videotaping expenses, for that portion of the deposition determined to be
excessive. In addition, that party or its counsel, or both, may be required to pay all such costs and
expenses for any additional depositions or hearings made necessary by its misconduct.

Adopted effective April 15, 1996; amended effective April 15, 2001.

                                            Authority

(1996) Local Rule 30.1.C, District of Colorado, with minor modification to § 2.

                                            Comments

(1996) The purpose of this rule is to curb unprofessional conduct at depositions.

(2001) Rule 30.1.A.3 is amended to conform to the December 2000 amendment of Rule 30,
Fed.R.Civ.P.


                                                 52
RULE 40.1 NOTICE THAT ACTION IS AT ISSUE

A. An action is at issue after any motions directed to the last pleadings served have been resolved,
or if no such motions are served, 20 days after service of the last pleading. The party entitled to
serve notices directed to the last pleading may waive the right to do so by filing a notice for trial at
any time after the last pleading is served. The existence of cross-claims among the parties shall not
prevent the Court from setting the action for trial on the issues raised by the complaint, answer and
any counterclaim.

B. All counsel shall have a continuing duty to notify the Court promptly upon an action or
proceeding becoming at issue. The notice shall include a statement as to whether a jury trial has
been demanded.

C. This duty is in addition to the requirements set forth in Local Rule 16.1.

Effective Dec. 1, 1994.

                                              Authority

(1993) Former Local Rule 10E; Fla.R.Civ.P. 1.440.

RULE 41.1 DISMISSAL FOR WANT OF PROSECUTION

Civil actions not at issue which have been pending without any proceedings having been taken
therein for more than three months may be dismissed for want of prosecution by the Court on its
own motion after notice to counsel of record. Such actions may also be dismissed for want of
prosecution at any time on motion by any party upon notice to the other parties.

Effective Dec. 1, 1994.

                                              Authority

(1993) Former Local Rule 13. Renumbered per Model Rules.

RULE 45.1 SUBPOENAS FOR DEPOSITION AND TRIAL

Subpoenas for deposition and trial shall be prepared and issued as follows:

A. Counsel shall prepare all subpoenas for deposition and trial in civil cases. At the option of
counsel, counsel may present them to the Clerk for issuance. Alternatively, Counsel may issue
subpoenas pursuant to Rule 45, Fed.R.Civ.P., as amended effective December 1, 1991.

B. Subpoenas for deposition in criminal cases may be issued only by order of court.

Effective Dec. 1, 1994.


                                                  53
                                              Authority

(1993) So. District Clerk’s Office; Fed.R.Civ.P. 17; Rule 45, Fed.R.Civ.P.

                                             Comments

(1993) Requirement of file-stamped copy added at Clerk’s request; reflects current practice.

RULE 47.1 JURIES

A. Civil Cases. A jury for the trial of civil cases shall consist of at least six persons.

B. Taxation of Costs. Whenever a civil case that has been set for jury trial is settled or otherwise
disposed of, counsel shall so inform the office of the Judge in whose division the case is pending
at least one full business day prior to the day the jury is scheduled to be selected or the trial is
scheduled to commence, in order that the jurors may be notified not to attend. If such notice is not
given to the Clerk’s Office, then except for good cause shown, juror costs, including attendance fees,
mileage, and subsistence, may be assessed equally against the parties and their counsel, or otherwise
assessed as directed by the Court.

Effective Dec. 1, 1994.

                                              Authority

(1993) Former Local Rule 15.

                                             Comments

(1993) Renumbered per Model Rules.

RULE 62.1 APPEAL BONDS; AUTOMATIC STAY

A. Appeal Bond. A supersedeas bond staying execution of a money judgment shall be in the
amount of 110% of the judgment, to provide security for interest, costs, and any award of damages
for delay. Upon its own motion or upon application of a party the court may direct otherwise.

B. Extension of Automatic Stay When Notice of Appeal Filed. If within the ten (10) day period
established by Fed.R.Civ.P. 62(a), a party files any of the motions contemplated in Fed.R.Civ.P.
62(b), or a notice of appeal, then unless otherwise ordered by the Court, a further stay shall exist for
a period not to exceed thirty (30) days from the entry of the judgment or order. The purpose of this
additional stay is to permit the filing of a supersedeas bond, which shall be filed by the end of the
thirty (30) day period provided herein.

Effective April 15, 2000.


                                                  54
                                             Comments

(2000) Added to eliminate the necessity for court approval of supersedeas bonds in every case in
which a money judgment has been entered by fixing a standard amount, and to specify the time by
which the bond must be filed in order to stay execution. Extension of the automatic stay is modeled
after W.D.Okla. Local Rule 62.1, N.D.Okla. Local Rule 62.1 and E.D.N.C. Local Rule 97.00.

RULE 67.1 AUTHORIZED DEPOSITORY BANKS

A. Whenever members of the Bar, litigants or any other persons or entities are directed to deposit
funds within the interest-bearing Court registry, such funds shall be placed by the Clerk with the
Court-designated depository bank.

B. The Court-designated depository banks shall comply with all applicable statutes, orders, rules
and requirements of the Court.

C. All funds placed by the Clerk in the Court-designated depository bank shall earn interest at a
competitive market rate negotiated by the Clerk for similar deposits. However, the Chief Judge may
determine from time to time a minimum amount below which funds need not be deposited in an
interest-bearing account. Deposits for attorney’s fees, costs and expenses required before the
issuance of any writs of garnishment are exempt from this requirement and will be placed in a
non-interest bearing U.S. Treasury account. At the time of disbursement of funds from the registry,
the litigant shall advise the Court as to the proper recipient of any earned interest and prior to the
release of funds shall provide the Clerk’s Financial Administrator or other designated deputy clerk
with the proper tax number or tax status of the recipient for subsequent reporting to the Internal
Revenue Service.

D. Upon the issuance of any Order of Disbursement on the Court registry, the concerned party
shall provide a copy of such Order to the Clerk’s Financial Administrator or other designated
deputy.

E. The Clerk shall assess a user’s fee as promulgated by the Judicial Conference of the United
States on deposits in the interest-bearing Court Registry. Such fees shall be deducted at
disbursement and be deposited into a special fund established to reimburse the Judiciary for
maintaining registry accounts.

F. Nothing in this rule shall prevent the Court from granting the motion of interested parties for
special arrangements for investment of funds. If such investments are in the name of or assigned
to the Clerk, the account will be subject to the collateral provisions of Treasury Circular 176 (31
C.F.R. § 202) and the requirements of Local Rule 67.1.B. as well as other applicable statutes, orders,
rules and requirements of the Court.

G. In any case where an Order of Court directs the Clerk to handle a specific investment in a
different manner than Section C of this Rule, the interested party shall serve a copy of the Order


                                                 55
upon the Clerk personally or a deputy clerk specifically designated in accordance with the wording
of Federal Rule of Civil Procedure Rule 67, to-wit:

“The party making the deposit shall serve the Order permitting deposit on the Clerk of this Court.”

H. A party applying for the issuance of a writ of garnishment shall deposit the amount prescribed
by applicable Florida law in the non-interest bearing registry of the Court. The deposit is for the
attorneys’ fees of the garnishee. Once deposited, those monies shall be disbursed as follows:

    1. The Clerk of Court shall pay such deposit to the garnishee (or garnishee’s counsel, if so
    requested) for the payment or partial payment of attorney’s fees which the garnishee expends
    or agrees to expend in obtaining representation in response to the writ. Such payment shall be
    made upon the garnishee’s demand, in writing, at any time after the service of the writ, unless
    otherwise directed by the Court.

    2. In cases of a pre-judgment writ of garnishment, if the garnishee fails to make written demand
    within sixty (60) days of the conclusion of the case, including all appeals, the Clerk of Court
    shall return such deposit to the depositing party (or their counsel) without further order or
    request, unless otherwise directed by the Court.

    3. In cases of a post-judgment writ of attachment, if the garnishee fails to make written demand
    within sixty (60) days after post-judgment proceedings on the writ have concluded, including
    all appeals concerning the writ, the Clerk of Court shall return such deposit to the depositing
    party (or their counsel) without further order or request, unless otherwise directed by the Court.

    4. If garnishment cost deposit monies remain on deposit with the Clerk more than five (5) years
    after the conclusion of a case or post-judgment proceedings, including all appeals, and if the
    Clerk has made reasonable attempts to provide notice to the depositing party or to distribute
    those monies without success, those unclaimed monies shall be moved into the appropriate U.S.
    Treasury Unclaimed Funds account pursuant to 28 U.S.C. § 2042, without further order of
    Court. Any monies deposited with the U.S. Treasury under these provisions as unclaimed are
    available for immediate disbursement to any party by the Clerk upon application and further
    Court order.

Effective Dec. 1, 1994; amended effective April 15, 2002.

                                            Authority

(1993) Former Local Rule 24. Renumbered per Model Rules project.

(2002) Fed..R.Civ.P. 69, Fla. Stat. §77.28, and Administrative Orders 90-104, 98-51 and 2001-69.

                                            Comments

(1993) Allows Chief Judge to establish minimum amount to be interest bearing. Revised per Clerk’s
Office.


                                                 56
(2002) Subparagraph H. added at the request of the Clerk of the Court to clarify responsibilities and
procedures for obtaining distribution of garnishment deposits.

RULE 77.1 PHOTOGRAPHING, BROADCASTING, TELEVISING

Other than required by authorized personnel in the discharge of official duties, all forms of
equipment or means of photographing, tape-recording, broadcasting or televising within the environs
of any place of holding court in the District, including courtrooms, chambers, adjacent rooms,
hallways, doorways, stairways, elevators or offices of supporting personnel, whether the Court is
in session or at recess, is prohibited; provided that photographing in connection with naturalization
hearings or other special proceedings, as approved by a Judge of this Court, will be permitted.

Effective Dec. 1, 1994.

                                             Authority

(1993) Former Local Rule 20. Renumbered per Model Rules.                 Model Rules Project has
recommended that a rule be included in Fed.R.Civ.P.

RULE 77.2 RELEASE OF INFORMATION IN CRIMINAL AND CIVIL PROCEEDINGS

A. By Attorneys.

    1. It is the duty of the lawyer or law firm not to release or authorize the release of information
    or opinion which a reasonable person would expect to be disseminated by means of public
    communication, in connection with pending or imminent criminal litigation with which the
    lawyer or the firm is associated, if there is a reasonable likelihood that such dissemination will
    interfere with a fair trial or otherwise prejudice the due administration of justice.

    2. With respect to a grand jury or other pending investigation of any criminal matter, a lawyer
    participating in or associated with the investigation shall refrain from making any extrajudicial
    statement which a reasonable person would expect to be disseminated by means of public
    communication, that goes beyond the public record or that is not necessary to inform the public
    that the investigation is underway, to describe the general scope of the investigation, to obtain
    assistance in the apprehension of a suspect, to warn the public of any dangers, or otherwise to
    aid in the investigation.

    3. From the time of arrest, issuance of an arrest warrant, or the filing of a complaint,
    information, or indictment in any criminal matter until the commencement of trial or
    disposition without trial, a lawyer or law firm associated with the prosecution or defense shall
    not release or authorize the release of any extrajudicial statement which a reasonable person
    would expect to be disseminated by means of public communication, relating to that matter and
    concerning:



                                                 57
   (a) The prior criminal record (including arrests, indictments, or other charges of crime), or
   the character or reputation of the accused, except that the lawyer or law firm may make a
   factual statement of the accused’s name, age, residence, occupation, and family status, and
   if the accused has not been apprehended, a lawyer associated with the prosecution may
   release any information necessary to aid apprehension or to warn the public of any dangers
   the accused may present.

   (b) The existence or contents of any confession, admission, or statement given by the
   accused, or the refusal or failure of the accused to make any statement.

   (c) The performance of any examinations or tests or the accused’s refusal or failure to
   submit to an examination or test.

   (d) The identity, testimony, or credibility of prospective witnesses, except that the lawyer
   or law firm may announce the identity of the victim if the announcement is not otherwise
   prohibited by law.

   (e) The possibility of a plea of guilty to the offense charged or a lesser offense.

   (f) Any opinion as to the accused’s guilt or innocence or as to the merits of the case or the
   evidence in the case.

The foregoing shall not be construed to preclude the lawyer or law firm during this period, in
the proper discharge of the lawyer’s or its official or professional obligations, from announcing
the fact and circumstances of arrest (including time and place of arrest, resistance, pursuit, and
use of weapons), the identity of the investigating and arresting officer or agency, and the length
of the investigation; from making an announcement, at the time of seizure of any physical
evidence other than a confession, admission, or statement, which is limited to a description of
the evidence seized; from disclosing the nature, substance, or text of the charge, including a
brief description of the offense charged; from quoting or referring without comment to public
records of the Court in the case; from announcing the scheduling or result of any stage in the
judicial process; from requesting assistance in obtaining evidence; or from announcing without
further comment that the accused denies the charges made against the accused.

4. During the trial of any criminal matter, including the period of selection of the jury, no
lawyer or law firm associated with the prosecution or defense shall give or authorize any
extrajudicial statement or interview, relating to the trial or the parties or issues in the trial which
a reasonable person would expect to be disseminated by means of public communication,
except that the lawyer or law firm may quote from or refer without comment to public records
of the Court in the case.

5. After the completion of a trial or disposition without trial of any criminal matter, and prior
to the imposition of sentence, a lawyer or law firm associated with the prosecution or defense
shall refrain from making or authorizing any extrajudicial statement which a reasonable person
would expect to be disseminated by means of public communication if there is a reasonable
likelihood that such dissemination will affect the imposition of sentence.


                                               58
    6. Nothing in this rule is intended to preclude the formulation or application of more restrictive
    rules relating to the release of information about juvenile or other offenders, to preclude the
    holding of hearings or the lawful issuance of reports by legislative, administrative, or
    investigative bodies, or to preclude any lawyers from replying to charges of misconduct that
    are publicly made against the lawyer or law firm.

    7. A lawyer or law firm associated with a civil action shall not during its investigation or
    litigation make or participate in making an extrajudicial statement, other than a quotation from
    or reference to public records, which a reasonable person would expect to be disseminated by
    means of public communication if there is a reasonable likelihood that such dissemination will
    interfere with a fair trial and which relates

       (a) Evidence regarding the occurrence or transaction involved.

       (b) The character, credibility, or criminal record of a party, witness, or prospective witness.

       (c) The performance or results of any examinations or tests or the refusal or failure of a
       party to submit to such.

       (d) The lawyer’s opinion as to the merits of the claims or defenses of a party, except as
       required by law or administrative rule.

       (e) Any other matter reasonably likely to interfere with a fair trial of the action.

B. By Courthouse Personnel. All courthouse personnel, including the marshal, deputy marshals,
the court clerk, deputy court clerks, probation officers, and court reporters, law clerks, and
secretaries, among others, are prohibited from disclosing to any person, without authorization by
the Court, information relating to a pending criminal proceeding that is not part of the public records
of the Court.

Effective Dec. 1, 1994.

                                             Authority

(1993) Former Local Rule 21. Rule 4-3.6 of the Rules Regulating The Florida Bar.

                                             Comments

(1993) Renumbered per Model Rules. Model Rules Project recommends statement at 87 F.R.D.
519, 525-27 (1980). Changed gender specific language.

RULE 87.1 AUTHORITY OF BANKRUPTCY JUDGES TO MAKE LOCAL RULES

The bankruptcy judges of the United States Bankruptcy Court in this district may, by action of a
majority of the bankruptcy judges, make local rules of practice and procedure to govern all cases,


                                                  59
proceedings and other matters in the bankruptcy court.

Effective Dec. 1, 1994.

                                             Comments

(1993; minor stylistic revisions 1996) Rule 9029 of the Federal Rules of Bankruptcy Procedure
(“Fed.R.Bankr.P.”) provides that the District Court may promulgate local rules governing
bankruptcy practice, or may authorize the bankruptcy judges to promulgate such rules. Rule 9029
does not suggest that such a delegation of authority to the bankruptcy judges requires a local District
Court rule, but might assist readers of the District Court local rules if this rule were included. At
the least, a general order signed by a majority of the District Court judges is necessary.

The recognized limitations on the scope of local bankruptcy court rules, and the procedural
mechanism for promulgating those rules, need not be repeated in this rule or order. They are
provided in Rule 9029, Fed.R.Bankr.P., adopting Rule 83, Fed.R.Civ.P.

The one area of bankruptcy practice which is governed throughout the country by local rule is
bankruptcy appellate procedure, as to which district court local rules are authorized by Rule 8018,
Fed.R.Bankr.P.

RULE 87.2 REFERENCE OF BANKRUPTCY MATTERS

Pursuant to 28 U.S.C. § 157(a) and the General Order of Reference entered July 11, 1984, all cases
arising under Title 11 of the United States Code, and proceedings arising in or related to cases under
Title 11, United States Code, have been referred to the bankruptcy judges for this district and shall
be commenced in the bankruptcy court pursuant to the local bankruptcy rules. The General Order
of Reference also applies to notices of removal pursuant to 28 U.S.C. § 1452(a) which shall be filed
with the clerk of the bankruptcy court for the division of the district where such civil action is
pending. The removed claim or cause of action shall be assigned as an adversary proceeding in the
bankruptcy court.

Former Rule 87.2 amended and renumbered as Rule 87.4, and new Rule 87.2 adopted effective April
15, 1996.

                                             Comments

(1996) This new rule codifies the General Order of Reference, and explains the filing procedure for
referred cases.

RULE 87.3 MOTIONS FOR WITHDRAWAL OF REFERENCE OF CASE OR
PROCEEDING FROM THE BANKRUPTCY COURT

A motion to withdraw the reference pursuant to 28 U.S.C. § 157(d) shall be filed with the clerk of
the bankruptcy court in accordance with the requirements of local bankruptcy rule 5011-1.


                                                  60
Subsequently filed motions for withdrawal of reference in the same case or proceeding shall be
regarded as similar actions and proceedings under Rule 3.9 and the attorneys of record shall notify
the District Court of all such pending actions and proceedings in compliance with Rule 3.9.D. and,
if applicable, provide the notice required by Rule 7.1.F.

Upon disposition of a motion for withdrawal of reference the District Court Clerk shall transmit a
copy of the order to the clerk of the bankruptcy court.

Adopted effective April 15, 1996; amended effective April 15, 1999.

                                            Comments

(1996) This new rule specifies the proper court for filing motions for withdrawal of reference. By
stating all motions to withdraw reference in the same case or proceeding are “similar” and, therefore,
require the parties to comply with Rule 3.9.D, the District Court can consolidate these related
motions to eliminate the possibility of conflicting orders from different judges addressing the same
issue. The second paragraph has been added because it is critical that the bankruptcy court be
promptly advised of whether the reference has been withdrawn in whole or in part, since adversary
proceedings and cases are not stayed by the filing of a motion to withdraw the reference.

(1999) Amended to reflect renumbered local bankruptcy rules effective December 1, 1998.

RULE 87.4 BANKRUPTCY APPEALS

Bankruptcy appeals to the District Court are governed by the Federal Rules of Bankruptcy
Procedure, particularly Rules 8001 through 8020, and the local rules of the bankruptcy court. As
is authorized by Rule 8018, those rules are supplemented as follows:

A. Assignment. Appeals from orders or judgments entered by the bankruptcy court shall generally
be assigned in accordance with Rule 3.4. Appeals from orders in a bankruptcy case or proceeding
in which appeals have been taken from prior orders in the same case or proceeding shall be regarded
as similar actions and proceedings under Rule 3.9 and it will be the continuing obligation of the
District Court Clerk and the attorneys of record to comply with Rule 3.9.D.

B. Limited Authority of Bankruptcy Court to Dismiss Appeals Prior to Transmittal of
Record to District Court. The bankruptcy court is authorized and directed to dismiss an appeal
for (1) appellant’s failure to pay the prescribed filing fees; (2) failure to comply with the time
limitations specified in Rule 8002, Fed.R.Bankr.P.; and (3) appellant’s failure to file a designation
of the items for the record or copies thereof or a statement of the issues as required by Rule 8006,
Fed.R.Bankr.P. and local bankruptcy rule 8006-1. The bankruptcy court is further authorized and
directed to hear, under Rule 9006(b), Fed.R.Bankr.P., motions to extend the foregoing deadlines and
to consolidate appeals which present similar issues from a common record. Bankruptcy court orders
entered under this subsection may be reviewed by the District Court on motion filed in the District
Court within 10 days after entry of the order sought to be reviewed pursuant to subsection C of this
rule.


                                                 61
C. Motions for Stay and Other Intermediate Requests for Relief. Motions for stay pending
appeal pursuant to Rule 8005, Fed.R.Bankr.P., motions to review bankruptcy court orders entered
under Rule 9006(b), Fed.R.Bankr.P., and other motions requesting intermediate relief as set forth
in FRBP 8007(c), shall be accepted for filing in the District Court and shall be assigned a
miscellaneous memo case number which will apply only to the motion. No filing fee shall be
charged in the District Court. The District Court Clerk shall immediately notify the clerk of the
bankruptcy court of the assigned case number and judge. When the record on appeal is transmitted
it will be assigned a new case number but will be assigned to the same judge who considered the
motion. The movant shall provide copies of any relevant portions of the bankruptcy court record
necessary for the District Court to rule on the motion. It shall be the duty of the District Court Clerk
to immediately transmit a copy of the order ruling on said motion to the clerk of the bankruptcy
court.

Rule 7.1 shall apply to motions for stay and other motions seeking intermediate appellate relief from
this Court.

D. Motions for Leave to Appeal. A motion for leave to appeal shall be filed in the bankruptcy
court pursuant to local bankruptcy rule 8003-1. Upon transmittal of the motion and related
documents to the District Court the matter shall be assigned in the same manner as other
miscellaneous motions described in subsection C above.

Upon disposition of the motion, the District Court Clerk shall immediately transmit a copy of the
District Court order to the clerk of the bankruptcy court. If the motion is granted the clerk of the
bankruptcy court will proceed to prepare and transmit the record on appeal. A new District Court
case number will be assigned to the appeal but it will be assigned to the same judge who granted the
motion for leave to appeal.

E. Briefs.

    1. Briefing Schedule. The briefing schedule specified by Rule 8009, Fed.R.Bankr.P. may be
    altered only by order of the District Court. If the Clerk of the District Court does not receive
    appellant’s brief within the time specified by Rule 8009, Fed.R.Bankr.P., and there is no motion
    for extension of time pending, the Clerk shall furnish to the judge to whom the appeal is
    assigned a proposed order for dismissal of the appeal.

    2. Length of Briefs. Absent prior permission from this Court, the Appellant’s initial or
    principal briefs and the Appellee’s response or principal brief shall not exceed 25 pages in
    length, and Appellant’s reply briefs, if any, shall not exceed 15 pages.

F. Oral Argument. Any party requesting oral argument shall make the request within the body
of the principal or reply brief, not by separate motion. The setting of oral argument is within the
discretion of the District Court.

G. Judgment. Upon receipt of the District Court’s opinion, the District Court Clerk shall enter
judgment in accordance with Rule 8016(a), Fed.R.Bankr.P. and in accordance with Rule 8016(b),

                                                  62
Fed.R.Bankr.P., shall immediately transmit to each party and to the clerk of the bankruptcy court
a notice of entry together with a copy of the District Court’s opinion.

H. Appeal. If an appeal remains pending three months after its entry on the District Court docket,
the Clerk of the District Court shall advise the Judge of the status of the appeal.

I. Notice. The bankruptcy court clerk is directed to enclose a copy of this rule with the notice of
appeal provided to each party in accordance with Rule 8004, Fed.R.Bankr.P. Failure to receive such
a copy will not excuse compliance with all provisions of this rule.

J. Court Discretion. This rule is not intended to exhaust or restrict the District Court’s discretion
as to any aspect of any appeal.

Former Rule 87.2 amended and renumbered as new Rule 87.4, effective April 15, 1996; amended
effective April 15, 1999.

                                               Authority

Former Local Rule 27; (1996) renumbered from 87.2 (1993).

                                              Comments

(1996)A. This revision clarifies the procedure for assignment of appeals from subsequent orders in
a bankruptcy case or proceeding in which there have been appeals of prior orders. The appeals of
subsequent orders will be randomly assigned but treated as “similar actions” under Rule 3.9.C and
3.9.D.

B. This rule has been amended to expand the bankruptcy court’s authority to dismiss an appeal for
the appellant’s failure to pay the filing fee required for a notice of appeal and failure to provide
copies of every item designated as required by Rule 8006, Fed.R.Bankr.P. It also clarifies the means
for review of orders entered under Rule 9006(b), Fed.R.Bankr.P., by referencing new subsection C
below.

C. This procedure provides a means for litigants to request intermediate relief from the District
Court after the notice of appeal has been filed but before the record on appeal is transmitted to the
District Court. It also clarifies that no fee will be charged in the District Court for these intermediate
requests for relief.

This rule further provides for the subsequent assignment of the appeal to the same judge. This
should conserve judicial resources since, for example, the disposition of a motion for stay pending
appeal will usually require the judge to become familiar with the issues on appeal.

D. Adds reference to the local bankruptcy rule for filing motions for leave to appeal, provides for
assignment in the District Court and clarifies that a new case number will be assigned for the appeal.



                                                   63
This rule further provides for the subsequent assignment of the appeal to the same judge. This
should conserve judicial resources since the disposition of a motion for leave to appeal will usually
require the judge to become familiar with the issues on appeal.

E. Replaces old 87.2.C. Rule 8010(c), Fed.R.Bankr.P., provides authority to the District Court to
specify different page limits for briefs. This rule supersedes the page limit specified in Rule 8010,
Fed.R.Bankr.P. This rule also distinguishes the page limitations for bankruptcy appellate briefs
from memoranda of law as provided in Rule 7.1.C.2.

Also, minor stylistic revisions to entire rule.

(1999) Amended to reflect renumbered local bankruptcy rules effective December 1, 1998.

RULE 87.5 DESIGNATION OF BANKRUPTCY JUDGES TO CONDUCT JURY TRIALS

The Bankruptcy Judges of this District are specially designated to conduct jury trials, with the
express consent of all parties, in all proceedings under 28 U.S.C. § 157 in which the right to a jury
trial applies. Pleading and responding to a jury trial demand in bankruptcy cases is governed by
local bankruptcy rule 9015-1. Local Rule 47.1 shall apply to jury trials conducted by Bankruptcy
Judges under this rule.

Effective April 15, 1999.

                                              Comments

(1999) Incorporates the provisions of Administrative Order 96-03 “In re:            Designation of
Bankruptcy Judges to Conduct Jury Trials.”

RULE 88.1 APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS IN
CRIMINAL PROCEEDINGS

The appointment of counsel and counsel’s obligations in the representation of indigent defendants
in criminal proceedings pursuant to Rule 44, Fed.R.Crim.P., shall be in accordance with the “Plan
of the United States District Court for the Southern District of Florida Pursuant to the Criminal
Justice Act of 1964, as Amended.” Copies of the current plan are available in the office of the Clerk
of the Court.

Effective Dec. 1, 1994.

                                              Authority

(1993) Former Local Rule 17, updated.

                                              Comments

(1993) Changes person charged with maintaining copies to Clerk.


                                                  64
RULE 88.2 PETITIONS FOR WRITS OF HABEAS CORPUS, MOTIONS PURSUANT TO
28 U.S.C. § 2241, MOTIONS PURSUANT TO 28 U.S.C. § 2255 AND PRISONER
COMPLAINTS PURSUANT TO 42 U.S.C. § 1983

    1. The following kinds of petitions and complaints shall be on forms prescribed by the Court
    and obtained from the Clerk upon request:

       A. Petitions for writs of habeas corpus pursuant to 28 U.S.C. § 2241 (common law habeas
       corpus)

       B. Petitions for writs of habeas corpus pursuant to 28 U.S.C. § 2254 (state prisoner
       attacking conviction)

       C. Motions to Vacate pursuant to 28 U.S.C. § 2255 (federal prisoner attacking conviction)

       D. Civil rights complaint pursuant to 42 U.S.C. § 1983 (Constitutional deprivation under
       color of state law)

       E. Civil rights complaint pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403
       U.S. 388 (1971) (Constitutional deprivation under color of federal law)

    An original and one copy of the petition, motion, or complaint, fully completed, signed and,
    with respect to those petitions and motions set forth in 1-3 above, verified, together with the
    filing fee, if any, shall be addressed to the appropriate division of the Clerk’s office.

    2. When a petition, motion to vacate, or complaint is submitted in forma pauperis the
    petitioner/plaintiff shall complete the forma pauperis affidavit attached to the forms and shall,
    under oath, set forth information which establishes that he or she is unable to pay the fees and
    costs of the proceedings referenced above.

Effective Dec. 1, 1994.

                                            Authority

(1993) Former Local Rule 18.

                                            Comments

(1994) Revised to add Bivens actions, delete implication that federal prisoners can attack prison
conditions in a § 2241 petition, and requiring verification of certain petitions.




                                                65
RULE 88.3 PETTY OFFENSES-PUBLIC BUILDINGS

A. Collateral and Mandatory Appearance.

    1. Petty offenses, as defined in 18 U.S.C. § 1, which are committed on or within the perimeter
    of Federally-owned or controlled buildings, for which collateral may be posted and forfeited
    in lieu of appearance by the person charged, together with the amount of collateral to be posted
    and offenses for which a mandatory appearance is required shall be in accordance with
    schedules which may from time to time be approved by the Court and filed with the Clerk.

    2. Collateral may not be posted for any designated offense if the alleged violator has previously
    been convicted of any such offense.

B. Forfeiture of Collateral.

    1. Any person issued a violation notice for a petty offense for which collateral can be posted
    may, upon request of the issuing officer, post the required amount by placing cash, personal
    check or money order in the official violation notice envelope and, after sealing same,
    delivering it to authorized personnel at a designated office where a receipt will be given. All
    such envelopes received will be forwarded via mail each day, except for those containing cash
    which shall be personally delivered to the Clerk of this Court.

    2. The posting of collateral shall signify that the offender does not wish to contest the charge
    nor request a hearing before the Judge. Collateral so posted shall be forfeited to the United
    States of America and such forfeiture will be tantamount to a finding of guilt.

C. Failure to Post Collateral.

    1. If a person charged with an offense for which collateral is required fails to post and forfeit
    collateral any punishment, including fine, imprisonment or probation may be imposed within
    the limits established by law upon conviction by plea or after trial.

    2. No person shall be detained for failure to post collateral for a petty offense for which
    collateral may be posted unless he or she is placed under arrest.

D. Arrest. Nothing contained in these Rules shall prohibit a law enforcement officer from
arresting an alleged violator for the commission of any offense, including those for which collateral
may be posted or mandatory appearance required, and forthwith notifying a Magistrate Judge for
the purpose of appearance or setting bail.

(Schedule of fines and mandatory appearance, on file with office of Clerk and agencies charged with
enforcement thereof.)

Effective Dec. 1, 1994.



                                                 66
                                             Authority

(1993) Former Local Rule 22. Effective date of schedule updated.

                                             Comments

(1993) Cash to be delivered to Clerk rather than Magistrate Judge.

RULE 88.4 CERTAIN OFFENSES PERTAINING TO--NATIONAL PARKS, PRESERVES,
GOVERNMENT RESERVATIONS, HISTORIC SITES, TREATIES AND WILDLIFE ACTS

A. Covered Offenses. This Rule shall apply to petty offenses, as defined in 18 U.S.C. § 1, and
to certain misdemeanors as shall be identified from time to time by the Court in collateral schedules.
Collectively, these petty offenses and identified misdemeanors shall be referred to for purposes of
the Rule as “covered offenses”.

B. Collateral and Mandatory Appearance.

    1. Covered offenses which are committed within the boundaries of National Parks, Preserves,
    Historic Sites, or Government Reservations, including but not limited to military installations
    and violations under the various Treaties and Wildlife Acts, for which collateral may be posted
    and forfeited in lieu of appearance by the person charged, together with amounts of collateral
    to be posted and offenses for which a mandatory appearance is required, shall be in accordance
    with schedules which may from time to time be approved by the Court and filed with the Clerk.

    2. Collateral may not be posted for any covered offense if the alleged violator has previously
    been convicted of any such offense.

C. Forfeiture of Collateral.

    1. Any person issued a violation notice for a covered offense for which collateral can be posted
    may, upon request of the issuing officer, post the required amount by placing cash, personal
    check or money order in the official violation notice envelope and, after sealing same,
    delivering it to authorized personnel at a designated office where a receipt will be given. All
    such envelopes received will be forwarded via mail each day, except for those containing cash
    which shall be personally delivered to the Clerk of this Court.

    2. The posting of collateral shall signify that the offender does not wish to appear nor request
    a hearing before the Judge. Collateral so posted shall be forfeited to the United States of
    America and the proceedings shall be terminated.

D. Failure to Post Collateral.

    1. If a person charged with a covered offense for which collateral is required fails to post and
    forfeit collateral any punishment, including fine, imprisonment or probation may be imposed
    within the limits established by law upon conviction by plea or after trial.



                                                 67
    2. No person shall be detained for failure to post collateral for a covered offense for which
    collateral may be posted unless the person is placed under arrest.

E. Arrest. Nothing contained in these Rules shall prohibit a law enforcement officer from
arresting an alleged violator for the commission of any offense, including those for which collateral
may be posted or mandatory appearance required, and forthwith notifying a Magistrate Judge for
the purpose of appearance or setting bail.

(Schedule of fines and mandatory appearance on file with office of Clerk and agencies charged with
enforcement thereof.)

Effective Dec. 1, 1994; amended effective April 15, 2000.

                                             Authority

(1993) Former Local Rule 23.

                                            Comments

(1993) Cash to be delivered to Clerk rather than Magistrate Judge.

(2000) Encompasses certain misdemeanors as well as petty offenses.

RULE 88.5 SPEEDY TRIAL

A. Waiver of Sanctions. A court may accept a defendant’s waiver of the provisions of the Speedy
Trial Act if made either in writing or orally, in open court, on the record. A form written rights
waiver is set forth in Appendix C to these rules.

B. Speedy Trial Reports. Counsel for the Government and counsel for each defendant shall,
within twenty (20) days after arraignment and every twenty (20) days thereafter until trial or plea
of guilty or nolo contendere, file with the Court a status report as to each defendant which shall
include a concise statement of:

    1. All excludable time as recorded on the docket on which there is agreement, including the
    applicable statutes. Such agreement shall be conclusive as between the parties, unless it has
    no basis in fact or law.

    2. All excludable time as recorded on the docket on which there is conflict, including the
    applicable statutes or law.

    3. Computation of the gross time, excludable time, net time remaining, and the final date upon
    which the defendant can be tried in compliance with the Speedy Trial Plan of this Court.




                                                 68
    4. Any agreement by the parties as to excludable time which exceeds the amount recorded on
    the docket shall have no effect unless approved by the Court.

Effective Dec. 1, 1994; amended effective April 15, 1998; April 15, 1999.

                                             Authority

(1993) Former Local Rule 25. 18 U.S.C. § 3161.

                                             Comments

(1993) Renumbered per Model Rules.

(1998) Rule 88.5.A is amended to correct a scrivener’s error. The Advisory Committee on Rules
and Procedure recommends, but the rule does not require, that an oral waiver of right be
accompanied by the execution of a form rights waiver. Such form rights waivers may be made
available in courtrooms in this district by the clerk of the court.

(1999) A form rights waiver is included. Use of the form may require individualization, or time
limits, on a case-by-case basis.

RULE 88.6 DANGEROUS SPECIAL OFFENDER NOTICE

In any case within the District wherein a notice is to be filed under 18 U.S.C. § 3575 or 21 U.S.C.
§ 849 which alleges the existence of a defendant who is a dangerous special offender, such notice
shall be filed with the Clerk of the Court in a sealed envelope, the outside of which states the
regularly assigned case number and Assistant United States Attorney. In addition to the statutory
notice, the envelope shall contain an affidavit from the Assistant United States Attorney stating the
information contained in the notice has been disclosed to the defendant and defendant’s counsel,
date of disclosure, and any other facts relevant to the disclosure. The Clerk of the Court shall retain
the sealed envelope in a file which is separate from the regular criminal files and docket sheets. This
file shall not be subject to subpoena or public inspection during the pendency of the criminal matter.
Applications for modification of this procedure should be directed to the Chief Judge of the District
or designated substitute. This rule shall not affect the statutory right of the interested parties to
consent to early disclosure of the notice.

Effective Dec. 1, 1994.

                                             Authority

(1993) Former Local Rule 26.

                                             Comments

(1993) Renumbered per Model Rules. 21 U.S.C. § 849 was repealed by Pub.L. 98-473, effective


                                                  69
October 1, 1987. The Sentencing Reform Act requires the Sentencing Commission to specify
sentences at or near the maximum term for offenders with prior convictions.

RULE 88.7 RETAINED CRIMINAL DEFENSE ATTORNEYS

Retained criminal defense attorneys are expected to make financial arrangements satisfactory to
themselves and sufficient to provide for representation of each defendant until the conclusion of the
defendant’s case at the trial level. Failure of a defendant to pay sums owed for attorney’s fees, or
failure of counsel to collect a sum sufficient to compensate him for all the services usually required
of defense counsel, will not constitute good cause for withdrawal after arraignment. Every
defendant, of course, has a right to appeal from any conviction.

All notices of permanent appearance in the District Court, and motions for substitution of counsel,
shall state whether the appearance of counsel is for trial only or for trial and appeal.

At arraignment, the Magistrate Judge will inquire of each defendant and counsel whether counsel
has been retained for trial only or for trial and appeal. Where counsel indicates that he or she has
been retained only for trial, the defendant will be notified that it is the defendant’s responsibility to
arrange for counsel for any necessary appeals.

In cases where the defendant moves the court to proceed in forma pauperis on appeal, or for
appointment of Criminal Justice Act appellate counsel, the Court will consider, in passing upon such
applications, factors such as (1) the defendant’s qualified Sixth Amendment right to counsel of
choice, recognizing the distinction between choosing a trial lawyer and choosing an appellate
lawyer; (2) the contract between the defendant and trial counsel; (3) the defendant’s present
financial condition and ability to have retained only trial counsel; (4) retained counsel’s appellate
experience; (5) the financial burden that prosecuting the appeal would impose upon trial counsel,
in view of the fee received and the professional services rendered; and (6) all other relevant factors,
including any constitutional guarantees of the defendant.

In assessing whether the legal fees previously paid to defense counsel should reasonably encompass
appellate representation, the Court is to apply the provisions of Rule 4-1.5 of the Rules Regulating
The Florida Bar. The Court is to consider the following factors as guides in determining the
reasonableness of the fee: (1) the time and labor required, the novelty, complexity, and difficulty
of the questions involved, and the skill requisite to perform the legal service proffered; (2) the
likelihood that the acceptance of the particular employment precluded other employment by the
lawyer; (3) the fee, or rate of fee, customarily charged in the locality for legal services of a
comparable or similar nature; (4) the significance of, or amount involved in, the subject matter of
the representation, the responsibility involved in the representation, and the results obtained; (5) the
time limitations imposed by the client or by the circumstances and, as between attorney and client,
any additional or special time demands or requests of the attorney by the client; (6) the nature and
length of the professional relationship of the client; and (7) the experience, reputation, diligence and
ability of the lawyer or lawyers performing the service and the skill, expertise or efficiency of efforts
reflected in the actual providing of such services.



                                                   70
In determining a reasonable fee, the time devoted to the representation and the customary rate of fee
are not the sole or controlling factors; nor should the determination be governed by fees or rates of
fee provided under the Criminal Justice Act. All factors set out in this Rule and in the Rules
Regulating The Florida Bar should be considered, and may be applied, in justification of a fee higher
or lower than that which would result from application of only the time and rate factors.

All proceedings undertaken, and determinations made, pursuant to this Rule, shall be in camera,
ex-parte and under seal. All such proceedings and determinations shall be strictly confidential, and
not subject to disclosure by subpoena or otherwise.

Effective Dec. 1, 1994.

                                             Authority

(1993) This rule is new in its entirety. Added at the request of the Eleventh Circuit.

RULE 88.8 PRESENTENCE INVESTIGATIONS

    1. The sentencing proceedings shall be scheduled by each District Judge no earlier than seventy
    (70) days following entry of a guilty plea or a verdict of guilty.

    2. The PSI, including guideline computations, shall be completed and made available for
    disclosure to the attorneys for the parties at least thirty-five (35) days prior to the scheduled
    sentencing proceedings, unless the defendant waives this minimum period.

    3. Within five (5) days following entry of a guilty plea or a verdict of guilty, counsel for the
    defendant and the probation officer will have made arrangements for the initial interview of the
    defendant for the PSI.

    4. Within fourteen (14) days of receipt of the report, counsel for the defendant and the
    government must communicate any objections, in writing, to each other and to the probation
    officer. The probation officer may meet with counsel and the defendant to discuss the
    objections and may conduct a further investigation and revise the report as appropriate.

    5. Seven (7) days prior to the sentencing proceeding, the probation officer must submit to the
    court the final report and an addendum containing unresolved issues. The PSI, if revised, and
    the addendum will also be made available to all counsel.

    6. Counsel for the parties shall confer no later than seven (7) days prior to the scheduled
    sentencing hearing proceeding with respect to the anticipated length of the sentencing and the
    number of witnesses to be called. If either party reasonably anticipates that the sentencing
    proceeding will exceed one (1) hour, the party shall file a notice with the Clerk of Court and
    shall hand deliver a courtesy copy to the United States Probation Office no later than five (5)
    days prior to the sentencing proceeding. The notice shall advise the Court of the number of
    witnesses to be called and the estimated time required for the sentencing proceeding.
    Additionally, counsel for the parties shall file within the same time period any notice for
    enhancement of sentence or requests for departure.

                                                 71
    7. The recommendation as to sentencing made to the Court by the United States Probation
    Office shall remain confidential.

    8. Counsel for the parties may retain the PSI in their custody, and counsel for the defendant
    shall provide a copy to the defendant. However, the PSI is a confidential document and neither
    the parties nor their counsel are authorized to duplicate or disseminate it to third parties without
    prior permission of the Court.

Effective Dec. 1, 1994.

                                             Authority

Administrative Order 95-02.

RULE 88.9 MOTIONS IN CRIMINAL CASES

A. Motions in criminal cases are subject to the requirements of, and shall comply with, Local Rule
7.1. with the following exceptions:

    Section 7.1A(3). which is superseded by this Rule.

    Section 7.1B. which pertains to hearings. Hearings on criminal motions may be set by the
    Court upon appropriate request or as required by the Federal Rules of Criminal Procedure
    and/or Constitutional Law.

In addition, at the time of filing motions in criminal cases, counsel for the moving party shall file
with the Clerk a statement certifying either: (a) that counsel have conferred in a good faith effort
to resolve the issues raised in the motion and have been unable to do so; or (b) that counsel for the
moving party has made reasonable effort (which shall be identified with specificity in the statement)
to confer with the opposing party but has been unable to do so.

B. Motions in criminal cases which require evidentiary support shall be accompanied by a concise
statement of the material facts upon which the motion is based.

C. Motions in criminal cases shall be filed within 28 days from the arraignment of the defendant
to whom the motion applies, except that motions arising from a post-arraignment event shall be filed
within a reasonable time after the event.

Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 1997; April 15, 1998; April
15, 2003.

                                             Authority

(1994) Formerly Local Rule 10G; inadvertently omitted in 1993 revision.


                                                  72
(1996) B. From Local Rule 7.5 and former Local Rule 10.H.

                                            Comments

(1996) A. Removes any explicit requirement for consultation directly between government attorney
and self-represented defendant. B. Reinstates requirement of a statement of facts for certain
criminal motions.

(1997) [A.] Explicitly incorporates into Rule 88.9 applicable portions of Rule 7.1.

(1998) Rule 88.9 C is added to reflect the filing time previously prescribed by the Standing Order
on Criminal Discovery of the Southern District, with additional flexibility for motions arising from
later events.

(2003) Subsection A amended for clarification and to harmonize with Rule 7.1.A.3.

RULE 88.10 CRIMINAL DISCOVERY

A. The government shall permit the defendant to inspect and copy the following items or copies
thereof, or supply copies thereof, which are within the possession, custody or control of the
government, the existence of which is known or by the exercise of due diligence may become known
to the government:

    1. Written or recorded statements made by the defendant.

    2. The substance of any oral statement made by the defendant before or after his arrest in
    response to interrogation by a then known-to-be government agent which the government
    intends to offer in evidence at trial.

    3. Recorded grand jury testimony of the defendant relating to the offenses charged.

    4. The defendant’s arrest and conviction record.

    5. Books, papers, documents, photographs, tangible objects, buildings or places, or copies or
    portions thereof, which are material to the preparation of the defendant’s defense, or which the
    government intends to use as evidence at trial to prove its case in chief, or which were obtained
    from or belonging to the defendant.

    6. Results or reports of physical or mental examinations, and of scientific tests or experiments,
    made in connection with this case.

B. The defendant shall permit the government to inspect and copy the following items, or copies
thereof, or supply copies thereof, which are within the possession, custody or control of the
defendant, the existence of which is known or by the exercise of due diligence may become known
to the defendant:


                                                73
    1. Books, papers, documents, photographs or tangible objects which the defendant intends to
    introduce as evidence in chief at trial.

    2. Any results or reports of physical or mental examinations and of scientific tests or
    experiments made in connection with this case which the defendant intends to introduce as
    evidence in chief at trial, or which were prepared by a defense witness who will testify
    concerning the contents thereof.

    3. If a defendant intends to rely upon the defense of insanity at the time of the alleged crime,
    or intends to introduce expert testimony relating to a mental disease, or defect or other mental
    condition bearing on guilt or, in a capital case, punishment, he shall give written notice thereof
    to the government.

C. The government shall reveal to the defendant and permit inspection and copying of all
information and material known to the government which may be favorable to the defendant on the
issues of guilt or punishment within the scope of Brady v. Maryland, 373 U.S. 83 (1963), and United
States v. Agurs, 427 U.S. 97 (1976).

D. The government shall disclose to the defendant the existence and substance of any payments,
promises of immunity, leniency, preferential treatment, or other inducements made to prospective
government witnesses, within the scope of Giglio v. United States, 405 U.S. 150 (1972) and Napue
v. Illinois, 360 U.S. 264 (1959).

E. The government shall supply the defendant with a record of prior convictions of any alleged
informant who will testify for the government at trial.

F. The government shall state whether defendant was identified in any lineup, showup,
photospread or similar identification proceeding, and produce any pictures utilized or resulting
therefrom.

G. The government shall advise its agents and officers involved in this case to preserve all rough
notes.

H. The government shall advise the defendant of its intention to introduce during case in chief
proof of evidence, pursuant to Rule 404(b), Federal Rules of Evidence.

I. The government shall state whether the defendant was an aggrieved person, as defined in Title
18, United States Code, Section 2510(11), of any electronic surveillance, and if so, shall set forth
in detail the circumstances thereof.

J. The government shall have transcribed the grand jury testimony of all witnesses who will testify
for the government at the trial of this cause, preparatory to a timely motion for discovery.

K. The government shall, upon request, deliver to any chemist selected by the defense, who is
presently registered with the Attorney General in compliance with Title 21, United States Code,


                                                 74
Sections 822 and 823, and 21 C.F.R. Section 101.22(8), a sufficient representative sample of any
alleged contraband which is the subject of this indictment, to allow independent chemical analysis
of such sample.

L. The government shall permit the defendant, his counsel and any experts selected by the defense
to inspect any automobile, vessel, or aircraft allegedly utilized in the commission of any offenses
charged. Government counsel shall, if necessary, assist defense counsel in arranging such inspection
at a reasonable time and place, by advising the government authority having custody of the thing
to be inspected that such inspection has been ordered by the court.

M. The government shall provide the defense, for independent expert examination, copies of all
latent fingerprints or palm prints which have been identified by a government expert as those of the
defendant.

N. The government shall, upon request of the defendant, disclose to the defendant a written
summary of testimony the government reasonably expects to offer at trial under Rules 702, 703, or
705 of the Federal Rules of Evidence. This summary must describe the witnesses’ opinions, the
bases and the reasons therefor, and the witnesses’ qualifications. If the defendant seeks and obtains
discovery under this paragraph, or if the defendant has given notice under Rule 12.2(b) of the
Federal Rules of Criminal Procedure, of an intent to present expert testimony on the defendant’s
mental condition, the defendant shall, upon request by the government, disclose to the government
a written summary of testimony the defendant reasonably expects to offer at trial under Rules 702,
703, 705 or 12.2(b), describing the witnesses’ opinions, the bases and the reasons for these opinions,
and the witnesses’ qualifications.

O. The parties shall make every possible effort in good faith to stipulate to all facts or points of
law the truth and existence of which is not contested and the early resolution of which will expedite
the trial.

P. The parties shall collaborate in preparation of a written statement to be signed by counsel for
each side, generally describing all discovery material exchanged, and setting forth all stipulations
entered into at the conference. No stipulations made by defense counsel at the conference shall be
used against the defendant unless the stipulations are reduced to writing and signed by the defendant
and his counsel. This statement, including any stipulations signed by the defendant and his counsel,
shall be filed with the Court within five (5) days following the conference.

Q. Schedule of Discovery.

    1. Discovery which is to be made in connection with a pre-trial hearing other than a bail or
    pre-trial detention hearing shall be made not later than 48 hours prior to the hearing. Discovery
    which is to be made in connection with a bail or pre-trial detention hearing shall be made not
    later than the commencement of the hearing.

    2. Discovery which is to be made in connection with trial shall be made not later than fourteen
    (14) days after the arraignment, or such other time as ordered by the court.



                                                 75
    3. Discovery which is to be made in connection with post-trial hearings (including, by way of
    example only, sentencing hearings) shall be made not later than seven (7) days prior to the
    hearing. This discovery rule shall not affect the provisions of S.D.Fla.L.R. 88.8 regarding
    pre-sentence investigation reports.

It shall be the continuing duty of counsel for both sides to immediately reveal to opposing counsel
all newly discovered information or other material within the scope of this Rule.

Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 1998; April 15, 2000; April
15, 2003.

                                            Authority

(1994) Former Standing Order on Criminal Discovery of the Southern District, as amended after
public hearing in 1994.

(1996) A.5. revised to include provisions of Rule 16(a)(1)(C), Fed.R.Crim.P.

(1998) Section N is revised to conform to amendments to Rule 16(a)(1)(E) and (b)(1)(C)(ii),
Fed.R.Crim.P. Section Q.2 is amended to effectuate discovery within 14 days or arraignment,
without the entry of a Court order, or within such other time period as the Court may order.

                                            Comments

(2000) With regard to discovery practices related to search warrants in criminal cases see September
7, 1999 letter from the then United States Attorney for the Southern District of Florida which has
been        posted         at    the       U.S.        Attorney’s             web        site    at
http://www.usdoj.gov/usao/fls/Discovery_Practices.html.

(2003) B.3 amended to conform to 2002 amendment of Fed.R.Crim.P.12.2.




                                                76
                                         APPENDICES

APPENDIX A. DISCOVERY PRACTICES HANDBOOK

ADMINISTRATIVE ORDER 96-36. ADOPTION OF DISCOVERY PRACTICES HANDBOOK
AS APPENDIX TO LOCAL RULES

        The attached Discovery Practices Handbook was prepared by the Federal Courts Committee
of the Dade County Bar Association for the guidance of the members of the Bar. The Court’s
Advisory Committee on Rules and Procedures has recommended that the Discovery Practices
Handbook be adopted as a published appendix to the Local General Rules. Upon consideration of
this recommendation, it is hereby

       ORDERED as follows:

1.     This Order and the Discovery Practices Handbook, in the form attached to this Order, shall
be published as an appendix to the Local General Rules.

2.     The practices set forth in the Discovery Practices Handbook shall not have the force of law,
but may be looked to by practitioners for guidance in conducting discovery in this District.

3.     In the event of any conflict between the provisions of the Discovery Practices Handbook and
applicable case, rule, or statutory law, counsel should look first to the applicable authority to
determine proper discovery practice.

4.     No provision of the Discovery Practices Handbook shall limit the discretion of a District or
Magistrate Judge to provide for different practices in cases before that Judge.

       DONE AND ORDERED in Chambers at the United States Federal Building and Courthouse,
299 East Broward Boulevard, Fort Lauderdale, Florida this 27th day of June, 1996.

Dated June 27, 1996.

                                I. DISCOVERY IN GENERAL

A. Courtesy and Cooperation Among Counsel.

    (1) Courtesy. Discovery in this District is normally practiced with a spirit of cooperation and
    civility. Local lawyers and the Court are proud of the courteous practice that has been
    traditional in the Southern District. Courtesy suggests that a telephone call is appropriate
    before taking action that might be avoided by agreement of counsel.

    (2) Scheduling. A lawyer shall normally attempt to accommodate the calendars of opposing
    lawyers in scheduling discovery.



                                                77
    (3) Stipulations. The parties may stipulate in writing to modify any practice or procedure
    governing discovery, except that the parties may not make stipulations extending the time to
    answer interrogatories, extending the time to produce documents, and extending the time by
    a request for admissions must be answered where the stipulation would interfere with any time
    set for completion of discovery, for hearing a motion, or for trial. Stipulations that would so
    interfere may be made only with court approval. See Fed.R.Civ.P. 29.

    (4) Withdrawal of Motions. If counsel are able to resolve their differences after a discovery
    motion or response is filed, the moving party should file a notice of withdrawal of the motion
    to avoid unnecessary judicial labor.

    (5) Mandatory Disclosure. The disclosure requirements imposed by Fed.R.Civ.P. 26(a)(1)-
    (4), and the early discovery moratorium imposed by Fed.R.Civ.P. 26(d), are applicable to civil
    proceedings in the Southern District of Florida.

B. Filing of Discovery Materials.

    (1) General Rule. In accordance with Rule 5(d), Fed.R.Civ.P., and Local General Rule
    26.1.B, Southern District of Florida, disclosures under Rule 26(a)(1) or (2), Fed.R.Civ.P., and
    discovery materials shall not be filed with the Court as a matter of course. Disclosures and
    discovery documents may later be filed if necessary in presentation and consideration of a
    motion to compel, a motion for protective order, a motion for summary judgment, a motion for
    injunctive relief, or other similar proceedings.

    (2) Court-Ordered Filing of Discovery Materials. In circumstances involving trade secret
    information or other categories of information, the Court may order that discovery be filed with
    the Court in order to preserve the integrity of the information. However, such practice is only
    permitted after the Court has determined, upon timely motion, that filing with the Court is
    necessary to safeguard the interests jeopardized by the normal discovery process. When such
    situations arise, counsel are encouraged to formulate agreements governing discovery that
    minimize the judicial role in administering routine discovery matters.

    (3) Filings Under Seal. Documents and things may be filed under seal in accordance with
    the procedures set forth in Local General Rule 5.4.

C. Supplementing Answers. The Federal Rules of Civil Procedure expressly provide that in
many instances a party is under a duty to supplement or correct a prior disclosure or response to
include information thereafter acquired. See Rule 26(e). A party may not, by placing
supplementation language at the beginning of its discovery request, expand the obligations of
another under the Federal Rules of Civil Procedure.

D. Timeliness and Sanctions.

    (1) Timeliness of Discovery Responses. The Federal Rules of Civil Procedure set forth
    explicit time limits for responses to discovery requests. Those are the dates by which a lawyer


                                                78
   should respond; counsel should not await a Court order. If a lawyer cannot answer on time,
   an extension of time should first be sought from opposing counsel. If unable to resolve the
   matter informally, counsel should move for an extension of time in which to respond, and
   inform opposing counsel so that, in the meantime, no unnecessary motion to compel a response
   will be filed. See Local General Rule 26.1.I, Southern District of Florida, requiring a certificate
   that counsel have conferred before seeking judicial relief.

   (2) Extensions of Time. Motions for extension of time within which to respond to discovery
   should be filed sparingly and only when counsel are unable informally to resolve the matter
   with opposing counsel. Counsel should be aware that the mere filing of a motion for an
   extension of time in which to respond does not, absent an order of the Court, extend the
   deadline for responding to discovery requests. See Local General Rule 7.1.A.3, Southern
   District of Florida.

   (3) Objections. When objections are made to discovery requests, all grounds for the
   objections must be specifically stated. When objections are untimely made, they are waived.
   See Local General Rule 26.1.G.6.a.

   (4) Sanctions. Because lawyers are expected to respond when the Federal Rules of Civil
   Procedure require, Rule 37 provides that if an opposing lawyer must go to court to make the
   recalcitrant party answer, the moving party may be awarded counsel fees incurred in
   compelling the discovery. Rule 37 is enforced in this District. Further, if a Court order is
   obtained compelling discovery, unexcused failure to provide a timely response is treated by the
   Court with the gravity it deserves; willful violation of a Court order is always serious and may
   be treated as contempt.

   (5) Stays or Limitation of Discovery. Normally, the pendency of a motion to dismiss or
   motion for summary judgment will not justify a unilateral motion to stay discovery pending a
   ruling on the dispositive motion. Such motions for stay are generally denied except where a
   specific showing of prejudice or burdensomeness is made, or where a statute dictates that a stay
   is appropriate or mandatory. See, e.g. 15 U.S.C. § 77z-1(b)(1), the Private Securities Litigation
   Reform Act of 1995. This policy also applies when a case is referred to court annexed
   mediation under Local General Rule 16.2. Where a motion to dismiss for lack of personal
   jurisdiction has been filed pursuant to Rule 12(b)(2), discovery may be limited to jurisdictional
   facts by court order.

E. Completion of Discovery.

   (1) Discovery Completion. Local General Rule 16.1.A sets discovery completion dates for
   differentiated case management tracks. The judges may have individual methods extending the
   deadline, however, each judge follows the rule that the completion date means that all discovery
   must be completed by that date. For example, interrogatories must be served more than thirty
   days prior to the completion date to permit the opposing party to respond. Untimely discovery
   requests are subject to objection on that basis. Counsel may, by agreement, conduct discovery
   after the formal completion date but should not rely upon the Court to resolve discovery


                                                79
    disputes arising after the discovery completion date. Likewise, counsel should not rely upon
    the Court to permit use of untimely discovery materials at trial.

    (2) Extension of Time for Discovery Completion. Occasionally, the Court will allow
    additional discovery upon motion, but counsel should not rely on obtaining an extension. When
    allowed, an extension is normally made only upon written motion showing good cause for the
    extension of discovery (including due diligence in the pursuit of discovery prior to completion
    date) and specifying the additional discovery needed and its purposes. Motions for extension
    of discovery time are treated with special disfavor if filed after the discovery completion date
    and will normally be granted only if it clearly appears that any scheduled trial will not have to
    be continued as a result of the extension.

                                       II. DEPOSITIONS

A. General Policy and Practice.

    (1) Scheduling. A courteous lawyer is normally expected to accommodate the schedules of
    opposing lawyers. In doing so, the attorney can either pre-arrange a deposition, or notice the
    deposition while at the same time indicating a willingness to be reasonable about any necessary
    rescheduling. Local General Rule 26.1.J. requires at least five (5) working days’ notice in
    writing to every other party and to the deponent (if a non-party) for a deposition in this State,
    and ten (10) working days’ notice for an out-of-state deposition. Noncompliance obviates the
    need for protective Order.

    Notwithstanding the foregoing, in accordance with Rule Fed.R.Civ.P. 32(a)(3), no deposition
    shall be used against a party who, having received less than eleven (11) calendar days’ notice
    of a deposition as computed under Fed.R.Civ.P. Rule 6(a), has promptly upon receiving such
    notice filed a motion for protective order under Rule 26(c)(2) requesting that the deposition not
    be held or be held at a different time or place and such motion is pending at the time the
    deposition is held.

    (2) Persons Who May Attend Depositions. As a general proposition, pretrial discovery in
    civil matters must take place in public unless compelling reasons exist for denying the public
    access to the proceedings. Each lawyer may ordinarily be accompanied at the deposition by
    one representative of each client and one or more experts. If witness sequestration is desired,
    a court order entered prior to the deposition is required. Lawyers may also be accompanied by
    records custodians, paralegals, secretaries, and the like, even though they may be called as
    technical witnesses on such questions as chain of custody or the foundation for the business
    record rule, or other technical matters. While more than one lawyer for each party may attend,
    only one should question the witness or make objections, absent contrary agreement.

    (3) Persons Designated and Produced in Response to Rule 30(b)(6) Notice. In responding
    to a properly drawn notice for the taking of a deposition pursuant to Fed.R.Civ.P. 30(b)(6), it
    is the duty and responsibility of the organization to whom such notice is given, and its counsel,
    to designate and produce at the deposition those witnesses who shall testify, concerning


                                                80
    subjects or matters known or reasonably available to the organization as described in the notice.
    It is inappropriate and improper in such circumstances to produce a single witness who only
    has knowledge concerning one or more of the topics specified in the notice but not all of them.

    (4) Length and Number of Depositions. Rule 30(d)(2), Fed.R.Civ.P., unless otherwise
    authorized by the Court or stipulated by the parties, a deposition is limited to one day of seven
    hours. Under Fed.R.Civ.P. 30(a)(2)(A), absent written stipulation of the parties or leave of
    Court, the number of depositions being taken by each party is limited to ten.

B. Objections.

    (1) Objections to the Form of Questions. Fed.R.Civ.P. 32(d)(3)(B) provides that an objection
    to the form of a question is waived unless made during the deposition. Many lawyers make
    such objections simply by stating “I object to the form of the question.” This normally suffices
    because it is usually apparent that the objection is directed to “leading” or to an insufficient or
    inaccurate foundation. The interrogating lawyer has a right to ask the objecting party to be
    more specific in his objection, however, so that the problem with the question, if any, can be
    understood and, if possible, cured, as the rule contemplates.

    (2) Instruction That a Witness Not Answer. Instructing a witness not to answer is greatly
    disfavored by the Court, and is a practice which one should use only in an appropriate
    extraordinary situation, usually involving privilege (see the section of this Handbook
    concerning the invocation of privilege below). Rule 30(d)(1) of the Federal Rules of Civil
    Procedure set forth the permissible circumstances for such an instruction. In most
    circumstances, if a question is objectionable, a lawyer should simply object in the proper
    manner and allow the answer to be given subject to the objection. A lawyer who improperly
    instructs a witness not to answer runs a serious risk that the lawyer and/or the client may be
    subject to substantial monetary sanctions, including the cost of reconvening the deposition
    (travel expenses, attorneys’ fees, court reporter fees, witness fees, and the like) in order to
    obtain the answers to such questions. See also Local General Rule 30.1.

    (3) Other Restrictions on Deposition Conduct. Fed.R.Civ.P. 30(d)(1) and Local General Rule
    30.1, particularly the local rule, focus on proper and improper conduct by counsel at
    depositions. Counsel should not attempt to prompt answers by the use of “suggestive”,
    “argumentative,” or “speaking” objections; off the record conferences between counsel and
    witness are inappropriate; instructions not to answer are limited; and witnesses should be
    treated with courtesy. Those conducting depositions under the rules of this district should take
    careful note of the provisions of Local General Rule 30.1, entitled “Sanctions for Abusive
    Deposition Conduct.”

C. Production of Documents at Depositions.

    (1) Scheduling. Consistent with the requirements of Federal Rules of Civil Procedure 30 and
    34, a party seeking production of documents of another party in connection with a deposition
    should schedule the deposition to allow for the production of the documents in advance of the
    deposition.


                                                 81
    (2) Option to Adjourn or Proceed. If requested documents which are discoverable are not
    produced prior to the deposition, the party noticing the deposition may either adjourn the
    deposition until after such documents are produced or may proceed without waiving the right
    to have access to the documents before finally concluding the deposition.

    (3) Subpoena for Deposition Duces Tecum. A non-party can be compelled to make discovery
    in an action only by means of a Rule 45 subpoena. Parties to litigation open themselves to
    broad discovery practices encompassed in Fed.R.Civ.P. 30(b)(5) and 34. Fed.R.Civ.P. 45(a)
    states in relevant part that:

         (1) Every subpoena shall (A) state the name of the court from which it is issued; and (B)
         state the title of the action, the name of the court in which it is pending, and its civil action
         number; and ... (2) ... A subpoena for attendance at a deposition shall issue from the court
         for the district designated by the notice of deposition as the district in which the
         deposition is to be taken.

    Consequently, a subpoena for the deposition of a non-party, in a lawsuit pending in the
    Southern District of Florida, that is scheduled to take place in the Northern District of Florida,
    should be headed with a Northern District of Florida caption.

    Additionally, if the non-party recipient of a Rule 45(a)(2) subpoena for deposition or production
    of documents, seeks relief from court pertaining to the subpoena, the motion seeking such relief
    must be filed in the district in which the deposition is to take place. Leaving no doubt about
    the drafter’s intentions when revising the rule, the Commentary to Rule 45(a)(2), states as
    follows:

    Pursuant to Paragraph (a)(2), a subpoena for a deposition must still issue from the court in
    which the deposition or production would be compelled. Accordingly, a motion to quash such
    a subpoena if it overbears the limits of the subpoena power must, as under the previous rule,
    be presented to the court for the district in which the deposition would occur.

Commentary to 1991 Amendment to Fed.R.Civ.P. 45.

D. Non-stenographic Recording of Depositions.

    (1) Videotape Depositions. Videotape depositions and recordation by other non-stenographic
    means may be taken by parties without first having to obtain permission from the Court or
    agreement from counsel. Fed.R.Civ.P. 30(b)(2). With prior notice to the deponent and other
    parties, any party may designate another method to record the deponent’s testimony in addition
    to the method specified by the person taking the deposition and the notice or cross-notice of
    deposition shall state the method by which the testimony shall be recorded. Fed.R.Civ.P.
    30(b)(3).

    The following procedures are commonly followed when the deposition is recorded by a
    non-stenographic means:


                                                  82
a. If the deposition of the witness is recorded on videotape or other non-stenographic
means, the testimony of the witness does not have to be recorded by a certified stenographic
reporter and transcribed in the usual manner, unless such transcripts are to be offered to the
Court. See Fed.R.Civ.P. 30(b) and 32(c).

b. Prior to the taking of any deposition, the witness shall be first duly sworn by an officer
authorized to administer oaths, before whom the deposition is being taken. If the deposition
is recorded other than stenographically, the officer designated by Fed.R.Civ.P. 28, shall state
on the record (a) the officer’s name and business address, (b) the date, time and place of the
deposition, (c) the deponent’s name, (d) administer the oath, and (e) identify all parties
present. Items (a) through (c) must be repeated at the beginning of each unit of recorded
tape or other recording medium. See Fed.R.Civ.P. 30(b)(4).

c. If any objections are made, the objections shall be ruled upon by the Court on the basis
of the stenographic transcript, and if any questions or answers are stricken by the Court, the
videotape and sound recording must be edited to reflect the deletions so that it will conform
in all respects to the Court’s rulings.

d. The videographer shall certify the correctness and completeness of the recording, orally
and visually at the conclusion of the deposition, just as would the stenographic reporter
certifying a typed record of a deposition.

e. Copies of the videotape recording shall be made at the expense of any parties requesting
them.

f. The original of the videotape recording shall be kept by the party requesting the
videotape deposition and shall be preserved intact. Therefore, any editing to conform with
Court rulings shall be effected through use of a copy of the original videotape recording,
which shall be retained by the videographer/court reporter.

g. The party presenting the videotape deposition at trial is responsible for the expeditious
and efficient presentation of the testimony and is expected to see that it conforms in every
respect possible to the usual procedure for the presentation of witnesses. See Fed.R.Civ.P.
32(a)(3).

h. A transcript of the deposition (if any) as filed or modified (as the case may be) shall
constitute the official record of the deposition for purposes of trial and appeal.

i. Any other party may, if it so desires, arrange for its own private stenographic
transcription or electronic recording at its own expense, which expense will not be taxed as
court costs except upon showing of some extraordinary reason.

j. Some of the procedures described herein are in addition to, not in lieu of, the portions
of the Federal Rules of Civil Procedure pertaining to the recordation, transcription, signing,


                                          83
       certification, and filing of written depositions.

    (2) Telephone Depositions. Telephone depositions or depositions by other remote electronic
    means may be taken either by stipulation or on motion and order. A deposition is deemed taken
    in the district and at the place where the deponent is to answer. Fed.R.Civ.P. 30(b)(7).

       a. The deponent must swear or affirm an oath before a person authorized to administer
       oaths in that district and at the place where the deposition is taken, i.e. the witness may not
       be sworn telephonically.

       b. Speakers must identify themselves whenever necessary for clarity of the record.

       c. The court reporter should be at the deponent’s location.

E. Depositions of Experts. A party may depose any person who has been identified as an expert
whose opinions may be presented at trial. Fed.R.Civ.P. 26(b)(4)(A). However, Local General Rule
26.1.F.(1)(c) provides that an expert’s deposition may not be conducted until after the expert
summary or report required by Local General Rule 16.1.K. is provided.

F. Sanctions. Local General Rule 30.1 prohibits abusive conduct during deposition and provides
both monetary and procedural sanctions for such conduct. Prohibited conduct includes “coaching”
of witness, improper instructions not to answer, and off-the-record conferences except for the
purpose of determining whether to assert a privilege.

                           III. PRODUCTION OF DOCUMENTS

A. Preparation and Interpretation of Requests for Documents.

    (1) Formulating Requests for Documents. A request for documents, whether a request for
    production or a subpoena duces tecum, should be clear, concise and reasonably particularized.
    For example, a request for “each and every document supporting your claim” is objectionably
    broad in most cases.

    (2) Use of Form Requests. Attorneys requesting documents shall review any form request
    or subpoena to ascertain that it is applicable to the facts and contentions of the particular case.
    A “boilerplate” request or subpoena not directed to the facts of the particular case should not
    be used.

    (3) Reading and Interpreting Requests for Documents. A request for documents or subpoena
    duces tecum shall be read or interpreted reasonably in the recognition that the attorney serving
    it generally does not have knowledge of the documents being sought and the attorney receiving
    the request or subpoena generally does have such knowledge or can obtain it from the client.
    Counsel should be mindful in producing documents that such things as notes, clips, and other
    attachments to documents as kept in the normal course of business should also be produced.



                                                 84
   (4) Oral Requests for Production of Documents. As a practical matter, many lawyers
   produce or exchange documents upon informal request, often confirmed by letter. Naturally,
   a lawyer’s word once given, that a document will be produced, is the lawyer’s bond and should
   be timely kept. Requests for production of documents may be made on the record at
   depositions. Depending upon the form in which they are made, however, informal requests
   may not support a motion to compel.

   (5) Objections. Absent compelling circumstances, failure to assert objections to a request
   for production within the time period for a response constitutes a waiver of grounds for
   objection, and will preclude a party from asserting the objection in a response to a motion to
   compel. Objections should be specific, not generalized. See Local General Rule 26.1.G.6.a.

B. Procedures Governing Manner of Production.

   (1) Production of Documents. When documents are being produced (unless the case is a
   massive one) the following general guidelines, which may be varied to suit the needs of each
   case, are normally followed:

      a. Place. The request may as a matter of convenience suggest production at the office of
      either counsel. The Court expects the lawyers to reasonably accommodate one another with
      respect to the place of production of documents.

      b. Manner of Production. All of the documents should be made available simultaneously,
      and the inspecting attorney or paralegal can determine the order in which to look at the
      documents. While the inspection is in progress, the inspecting person shall also have the
      right to review again any documents which have already been examined during the
      inspection.

   The producing party has an obligation to explain the general scheme of record-keeping to the
   inspecting party. The objective is to acquaint the inspecting party generally with how and
   where the documents are maintained. The documents should be identified with specific
   paragraphs of a request for production where practicable, unless the producing party exercises
   its option under Fed.R.Civ.P. 34(b) to produce documents as they are kept in the usual course
   of business. Generally, when documents are produced individually, each specific document
   should be identified with a paragraph of the request. When documents are produced in
   categories or in bulk, some reasonable effort should be made to identify certain groups of the
   produced documents with particular paragraphs of the request or to provide some meaningful
   description of the documents produced. The producing party is not obligated to rearrange or
   reorganize the documents.

   Obviously, whatever comfort and normal trappings of civilization that are reasonably available
   should be offered to the inspecting party.

      c. Listing or Marking. Rule 26(a)(1)(B), Fed.R.Civ.P., requires a party, without awaiting
      a discovery request, to provide the other parties with a copy of, or a description by category


                                               85
and location, of all documents, data compilations, and tangible things that are in possession,
custody, or control of the party and that the disclosing party may use to support its claims
or defenses, unless solely for impeachment. The parties also may want to use some means
of listing or marking all documents produced in the litigation so that produced documents
can later be differentiated from those which have not been produced. For a relatively few
documents, a listing prepared by the inspecting attorney (which should be exchanged with
opposing counsel) may be appropriate; when more documents are involved, the inspecting
attorney may want to stamp or mark each document with a sequential number. The
producing party should allow such stamping to be done so long as marking the document
does not materially interfere with the intended use of the document. Such documents which
would be materially altered by stamping (e.g., promissory notes) should be listed rather than
marked.

d. Copying. “Copies” includes photocopies and electronic imaging. While copies are often
prepared by the producing party for the inspecting party as a matter of convenience or
accommodation, the inspecting party has the right to insist on seeing originals and the right
to make direct photocopies or images from the originals.

The copying of documents will generally be the responsibility of the inspecting party, but
the producing party must render reasonable assistance and cooperation. In the routine case
with a manageable number of documents the producing party should allow its personnel and
its copying or imaging equipment to be used with the understanding that the inspecting party
will pay reasonable charges. The best procedure is for documents to be delivered to an
independent copying service, which can number and, if desired by a party, image the
documents at the time photocopies are made. The cost of this procedure shall be borne by
the party seeking the discovery, but if an extra copy is made for the party producing the
documents, that party shall bear that portion of the cost.

e. Later Inspection. Whether the inspecting party may inspect the documents again at a
later date (after having completed the entire initial inspection) must be determined on a
case-by-case basis.

f. Privilege. Objections to the production of documents based on generalized claims of
privilege will be rejected. A claim of privilege must be supported by a statement of
particulars sufficient to enable the Court to assess its validity. For a more detailed
discussion of the invocation of privilege see the section of this handbook dealing with
privilege.

g. General. In most situations the lawyers should be able to reach agreement based upon
considerations of reasonableness, convenience and common sense. Since the Discovery
Rules contemplate that the lawyers and parties will act reasonably in carrying out the
objectives of the Rules, the Court can be expected to deal sternly with a lawyer or party who
acts unreasonably to thwart these objectives.




                                         86
                                  IV. INTERROGATORIES

A. Preparing and Answering Interrogatories.

    (1) Informal Requests. Whenever possible, counsel should try to exchange information
    informally. The results of such exchanges, to the extent relevant, may then be made of record
    by requests for admissions.

    (2) Scope of Interrogatories. The Court will be guided in each case by the limitations stated
    in Fed.R.Civ.P. 26(b) and 33(a). Counsel’s signature on interrogatories constitutes a
    certification of compliance with those limitations. See Fed.R.Civ.P. 26(g)(2). Interrogatories
    should be brief, simple, particularized and capable of being understood by jurors when read in
    conjunction with the answer. Interrogatories propounded in the form set forth in Appendix B
    to the Local Rules comply with the limitations of Fed.R.Civ.P. 26(b) and 33(a).

    (3) Responses. Fed.R.Civ.P. 33(a) requires the respondent to furnish whatever information
    is available, even if other requested information is lacking. When in doubt about the meaning
    of an interrogatory, the responding party should give it a reasonable interpretation (which may
    be specified in the response) and answer it so as to disclose rather than deny information. If
    an answer is made by reference to a document, it should be attached or identified and made
    available for inspection. See Fed.R.Civ.P. 33(d).

    (4) Objections. Absent compelling circumstances, failure to assert objections to an
    interrogatory within the time period for answers constitutes a waiver and will preclude a party
    from asserting the objection in a response to a motion to compel. Objections should be specific,
    not generalized.

    (5) Objections Based on Privilege. Objections based on generalized claims of privilege will
    be rejected. A claim of privilege must be supported by a statement of particulars sufficient to
    enable the Court to assess its validity. For a more detailed discussion of the invocation of
    privilege, see the section of this handbook dealing with privilege.

    (6) Number of Interrogatories. Under Rule 33(a), Fed.R.Civ.P., without leave of Court or
    written stipulation of the parties, interrogatories are limited to 25 in number including all
    discrete subparts.

    (7) Form Interrogatories. There are certain kinds of cases which lend themselves to
    interrogatories which may be markedly similar from case to case, such as employment
    discrimination and maritime cargo damage suits, for example, or diversity actions in which
    form interrogatories have been approved by state law. Except for the standard form
    interrogatories set forth in Appendix B to the Local Rules, interrogatories which parties seek
    to propound under Local Rules 26.1.G.3 and 26.1.G.4 should be carefully reviewed to make
    certain that they are tailored to the individual case.




                                                87
(8) Reference to Deposition or Document. Since a party is entitled to discovery both by
deposition and interrogatories, it is ordinarily insufficient to answer an interrogatory by saying
something such as “see deposition of Jane Smith,” or “see insurance claim.” There are a
number of reasons for this. For example, a corporation may be required to give its official
corporate response even though one of its high-ranking officers has been deposed, since the
testimony of an officer may not necessarily represent the full corporate answer. Similarly, a
reference to a single document is not necessarily a full answer, and the information in the
document-unlike the interrogatory answer-is not ordinarily set forth under oath.

In some circumstances, it may be appropriate for a party to answer a complex interrogatory by
saying something such as “Acme Roofing Company adopts as its answer to this interrogatory
the deposition testimony of Jane Smith, its President, shown on pages 127-135 of the deposition
transcript.” When a party has already fully answered an interrogatory question in the course
of a previous deposition, the deposition may be used carefully and in good faith. However,
counsel are reminded that for purposes of discovery sanctions, “an evasive or incomplete
answer is to be treated as a failure to answer.” See Fed.R.Civ.P. 37(a)(3).

(9) "List All Documents." Interrogatories should be reasonably particularized. For example,
an interrogatory such as “Identify each and every document upon which you rely in support of
your claim in Count Two” may well be objectionably broad in an antitrust case, though it may
be appropriate in a suit upon a note or under the Truth-in-Lending Act. While there is no
bright-line test, common sense and good faith usually suggest whether such a question is
proper.

(10) Federal Rule of Civil Procedure 33(d). Fed.R.Civ.P. 33(d) allows a party in very limited
circumstances to produce documents in lieu of answering interrogatories. To avoid abuses of
Rule 33(d), the party wishing to respond to interrogatories in the manner contemplated by Rule
33(d) should observe the following practice:

  1. Specify the documents to be produced in sufficient detail to permit the interrogating
  party to locate and identify the records and to ascertain the answer as readily as could the
  party from whom discovery is sought.

  2. Make its records available in a reasonable manner (i.e., with tables, chairs, lighting, air
  conditioning or heat if possible, and the like) during normal business hours, or, in lieu of
  agreement on that, from 9:00 a.m. to 5:00 p.m., Monday through Friday.

  3. Make available any computerized information or summaries thereof which it has.

  4. Provide any relevant compilations, abstracts or summaries either in its custody or
  reasonably obtainable by it, not prepared in anticipation of litigation. If it has any
  documents even arguably subject to this clause but which it declines to produce for some
  reason, it shall call the circumstances to the attention of the parties who may move to
  compel.



                                             88
       5. All of the actual clerical data extraction work should be done by the interrogating party
       unless agreed to the contrary, or unless, after actually beginning the effort, it appears that the
       task could be performed more efficiently by the producing party. In that event, the
       interrogating party may ask the Court to review the propriety of Rule 33(d) election. In
       other words, it behooves the producing party to make the document search as simple as
       possible, or the producing party may be required to answer the interrogatory in full.

    (11) Answers to Expert Interrogatories. The Southern District of Florida has adopted a
    formal procedure by which expert witness reports and summaries are exchanged 90 days before
    the pretrial conference (or the calendar call, if no pretrial conference is to be held.) See Local
    General Rule 16.1.K. No deposition of an expert may be taken until the expert summary or
    report has been provided. See Local General Rule 26.1.F.1.b. However, initial interrogatories
    seeking the names of expert witnesses and the substance of their opinions may still be served.

See Local General Rule 26.1.G.1.
                                          V. PRIVILEGE

A. Invocation of Privilege During Deposition.

    (1) Procedure for Invocation of Privilege. Where a claim of privilege is asserted during a
    deposition and information is not provided on the basis of such assertion:

       (a) The attorney asserting the privilege shall identify during the deposition the nature of
       the privilege (including work product) which is being claimed and if the privilege is being
       asserted in connection with a claim or defense governed by state law, indicate the state
       privilege rule being invoked; and

       (b) The following information shall be provided during the deposition at the time the
       privilege is asserted, if sought, unless divulgence of such information would cause disclosure
       of privileged information:

           (i)    For documents, to the extent the information is readily obtainable from the
           witness being deposed or otherwise:

             (1)   the type of document, e.g., letter or memorandum;

             (2)   general subject matter of the document;

             (3)   the date of the document;

             (4) such other information as is sufficient to identify the document for a subpoena
             duces tecum, including, where appropriate, the author, addressee, and any other
             recipient of the document, and, where not apparent, the relationship of the author,
             addressee, and any other recipient to each other;



                                                  89
           (ii)    For oral communications:

             (1) the name of the person making the communication and the names of persons
             present while the communication was made and, where not apparent, the relationship
             of the persons present making the communication;

             (2)   the date and place of communication;

             (3)   the general subject matter of the communication.

           (iii)  Objection on the ground of privilege asserted during a deposition may be
           amplified by the objecting party subsequent to the objection.

       (c) After a claim of privilege has been asserted, the attorney seeking disclosure shall have
       reasonable latitude during the deposition to question the witness to establish other relevant
       information concerning the assertion of the privilege, unless divulgence of such information
       would cause disclosure of privileged information, including

           (i)     the applicability of the particular privilege being asserted,

           (ii)    circumstances which may constitute an exception to the assertion of the privilege,

           (iii)   circumstances which may result in the privilege having been waived, and

           (iv)    circumstances which may overcome a claim of qualified privilege.

B. Invocation of Privilege in Other Discovery. Where a claim of privilege is asserted in
responding or objecting to other discovery devices, including interrogatories, requests for documents
and requests for admissions, and information is not provided on the basis of such assertion, the
ground rules set forth above shall also apply. Local General Rule 26.1.G.6(b), Southern District of
Florida. The attorney seeking disclosure of the information withheld may, for the purpose of
determining whether to move to compel disclosure, serve interrogatories or notice the depositions
of appropriate witnesses to establish other relevant information concerning the assertion of the
privilege, including (a) the applicability of the privilege being asserted, (b) circumstances which
may constitute an exception to the assertion of the privilege, (c) circumstances which may result in
the privilege having been waived, and (d) circumstances which may overcome a claim of qualified
privilege.

C. Exception for Fifth Amendment Privileges. Nothing in this section is intended to urge or
suggest that a party or witness should provide information that might waive the constitutional
privilege against self-incrimination. Failure to follow the procedures set forth in this section shall
not be deemed to effect a waiver of any such privilege.




                                                 90
             VI. MOTIONS TO COMPEL OR FOR A PROTECTIVE ORDER

A. Reference to Local General Rules 26.1.H and 26.1.I. The procedures and guidelines
governing the filing of motions to compel or for protective order are set forth in Local General Rule
26.1, Southern District of Florida. Prior to filing such a motion, counsel is required to confer with
opposing counsel and both must make a good faith effort to resolve the dispute by agreement. If no
conference occurs, counsel for movant must specify in the required certificate what reasonable
efforts were made to contact opposing counsel.

B. Effect of Filing a Motion for a Protective Order. In addition to the procedures and guidelines
governing the procedures and guidelines governing the filing of motions for a protective order,
counsel should be aware that the mere filing of a motion for a protective order does not, absent an
order of the Court granting the motion, excuse the moving party from complying with the discovery
requested or scheduled. For example, a motion for protective order will not prevent a deposition
from occurring; only a court order granting the motion will accomplish this.

C. Time for Filing. Local General Rule 26.1.H(1) requires that all motions related to discovery,
including but not limited to motions to compel discovery and motions for protective order, be filed
within thirty (30) days of the occurrence of grounds for the motion. Failure to file a discovery
motion within thirty (30) days, absent a showing of reasonable cause for a later filing, may constitute
a waiver of the relief sought.

Amended effective April 15, 1999; April 15, 2001.


                 APPENDIX B. STANDARD FORM INTERROGATORIES

                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA
                                    ________ DIVISION




PLAINTIFF X                                                                    Case No.__________
Plaintiff,                                                             Magistrate Judge __________

vs.

DEFENDANT Y
Defendant,

___________________



                                                  91
                     FIRST SET OF RULE 26.1.G INTERROGATORIES

       [Plaintiff X or Defendant Y] propounds the following interrogatories upon [Plaintiff X or
Defendant Y] and requests that they be answered separately, fully and under oath within thirty (30)
days of service pursuant to Fed.R.Civ.P. 33 and S.D. Fla. L.R. 26.1.G.

                                          DEFINITIONS

       (a) The words “you,” “yours” and/or “yourselves” means [Plaintiff X or Defendant Y] and
       any directors, officers, employees, agents, representatives or other persons acting, or
       purporting to act, on behalf of [Plaintiff X or Defendant Y].

       (b) The singular shall include the plural and vice versa; the terms “and” or “or” shall be
       both conjunctive and disjunctive; and the term “including” mean “including without
       limitation”.

       (c) “Date” shall mean the exact date, month and year, if ascertainable or, if not, the best
       approximation of the date (based upon relationship with other events).

       (d) The word “document” shall mean any writing, recording or photograph in your actual
       or constructive possession, custody, care or control, which pertain directly or indirectly, in
       whole or in part, either to any of the subjects listed below or to any other matter relevant to
       the issues in this action, or which are themselves listed below as specific documents,
       including, but not limited to: correspondence, memoranda, notes, messages, diaries,
       minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video
       tapes or tape recordings.

       (e) “Agent” shall mean: any agent, employee, officer, director, attorney, independent
       contractor or any other person acting at the direction of or on behalf of another.

       (f) “Person” shall mean any individual, corporation, proprietorship, partnership, trust,
       association or any other entity.

       (g) The words “pertain to” or “pertaining to” mean: relates to, refers to, contains, concerns,
       describes, embodies, mentions, constitutes, constituting, supports, corroborates,
       demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts.

       (h) The term “third party” or “third parties” refers to individuals or entities that are not a
       party to this action.

       (i) The term “action” shall mean the case entitled Plaintiff X v. Defendant Y, Case No.
       _____, pending in the Unites States District Court for the Southern District of Florida.

       (j) The word “identify”, when used in reference to a document, means and includes the
       name and address of the custodian of the document, the location of the document, and a


                                                 92
       general description of the document, including (1) the type of document (i.e.,
       correspondence, memorandum, facsimile etc.); (2) the general subject matter of the
       document; (3) the date of the document; (4) the author of the document; (5) the addressee
       of the document; and (6) the relationship of the author and addressee to each other.

                                          INSTRUCTIONS

       If you object to fully identifying a document or oral communication because of a privilege,
you must nevertheless provide the following information pursuant to S.D. Fla. L.R. 26.1.G.6.(b),
unless divulging the information would disclose the privileged information:

       (1) the nature of the privilege claimed (including work product);

       (2) if the privilege is being asserted in connection with a claim or defense governed by state
       law, the state privilege rule being invoked;

       (3) the date of the document or oral communication;

       (4) if a document: its type (correspondence, memorandum, facsimile etc.), custodian,
       location, and such other information sufficient to identify the document for a subpoena duces
       tecum or a document request, including where appropriate the author, the addressee, and, if
       not apparent, the relationship between the author and addressee;

       (5) if an oral communication: the place where it was made, the names of the persons present
       while it was made, and, if not apparent, the relationship of the persons present to the
       declarant; and

       (6) the general subject matter of the document or oral communication.

       You are under a continuous obligation to supplement your answers to these interrogatories
under the circumstances specified in Fed.R.Civ.P. 26(e).

                                       INTERROGATORIES

1.      Please provide the name, address, telephone number, place of employment and job title of
any person who has, claims to have or whom you believe may have knowledge or information
pertaining to any fact alleged in the pleadings (as defined in Fed.R.Civ.P. 7(a)) filed in this action,
or any fact underlying the subject matter of this action.

2.      Please state the specific nature and substance of the knowledge that you believe the person(s)
identified in your response to interrogatory no. 1 may have.

3.     Please provide the name of each person whom you may use as an expert witness at trial.

4.    Please state in detail the substance of the opinions to be provided by each person whom you
may use as an expert witness at trial.


                                                  93
5.       Please state each item of damage that you claim, whether as an affirmative claim or as a
setoff, and include in your answer: the count or defense to which the item of damages relates; the
category into which each item of damages falls, i.e. general damages, special or consequential
damages (such as lost profits), interest, and any other relevant categories; the factual basis for each
item of damages; and an explanation of how you computed each item of damages, including any
mathematical formula used.

6.      Please identify each document pertaining to each item of damages stated in your response
to interrogatory no. 5 above.

7.       Please identify each document (including pertinent insurance agreements) pertaining to any
fact alleged in any pleading (as defined in Fed.R.Civ.P. 7(a) filed in this action.

Effective April 15, 1998.


                   APPENDIX C. FORM OF DEFENDANT’S WAIVER OF
                       STATUTORY RIGHT TO SPEEDY TRIAL


                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA
                                    _______ DIVISION

                     Case No. ____-Cr-(USDJ’s last name/USMJ’s last name)


UNITED STATES OF AMERICA,

      Plaintiff,

vs.


John Doe and Jane Doe,

      Defendants.

_______________________________/


          DEFENDANT’S WAIVER OF STATUTORY RIGHT TO SPEEDY TRIAL

       I am the defendant named above. I have been advised of my statutory right to a speedy trial
under Title 18 United States Code, sections 3161-3174. I understand my right to a speedy trial


                                                  94
under the federal statutes, yet I waive that right as permitted by the statute and Southern District of
Florida Local Rule 88.5. I waive this right freely and voluntarily.

                                                               ______________________________
                                                               Defendant


      EXECUTED in Open Court in the Southern District of Florida, this ____ day of _______,
199____/20____.

                                                               Respectfully submitted,

                                                               ______________________________
                                                               Counsel for the Defendant

Effective April 15, 1999.




                            [Remainder of Page Intentionally Left Blank]




                                                  95
                          ADMIRALTY AND MARITIME RULES


RULE A. GENERAL PROVISIONS

   (1) Scope of the Local Admiralty and Maritime Rules. The local admiralty and maritime
   rules apply to the procedures in admiralty and maritime claims within the meaning of
   Fed.R.Civ.P. 9(h), which in turn are governed by the Supplemental Rules for Certain Admiralty
   and Maritime Claims of the Federal Rules of Civil Procedure.

   (2)    Citation Format.

      (a) The Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal
      Rules of Civil Procedure shall be cited as “Supplemental Rule (_____)”.

      (b) The Local Admiralty and Maritime Rules shall be cited as “Local Admiralty Rule
      (_____)”.

   (3) Application of Local Admiralty and Maritime Rules. The Local Admiralty Rules
   shall apply to all actions governed by Local Admiralty Rule A(1), and to the extent possible
   should be construed to be consistent with the other local rules of this Court. To the extent that
   a Local Admiralty Rule conflicts with another local rule of this Court, the Local Admiralty Rule
   shall control.

   (4) Designation of “In Admiralty” Proceedings. Every complaint filed as a Fed.R.Civ.P.
   9(h) action shall boldly set forth the words “IN ADMIRALTY” following the designation of
   the Court. This requirement is in addition to any statements which may be contained in the
   body of the complaint.

   (5) Verification of Pleadings, Claims and Answers to Interrogatories. Every complaint
   and claim filed pursuant to Supplemental Rules (B), (C) and/or (D) shall be verified on oath or
   solemn affirmation by a party, or an officer of a corporate party.

   If a party or corporate officer is not within the district, verification of a complaint, claim and/or
   answers to interrogatories may be made by an agent, an attorney-in-fact, or the attorney of
   record. Such person shall state briefly the source of his or her knowledge, or information and
   belief, and shall declare that the document affirmed is true to the best of his or her knowledge,
   and/or information and belief. Additionally, such person shall state that he or she is authorized
   to make this representation on behalf of the party or corporate officer, and shall indicate why
   verification is not made by a party or a corporate officer. Such verification will be deemed to
   have been made by the party to whom the document might apply as if verified personally.

   Any interested party may move the Court, with or without a request for stay, for the personal
   oath or affirmation of a party or all parties, or that of a corporate officer. If required by the
   Court, such verification may be obtained by commission, or as otherwise provided by Court
   order.


                                                 96
    (6) Issuance of Process. Except as limited by the provisions of Supplemental Rule (B)(1)
    and Local Admiralty Rule B(3) or Supplemental Rule (C)(3) and Local Admiralty Rule C(2);
    or in suits prosecuted in forma pauperis and sought to be filed without prepayment of fees or
    costs, or without security; all process shall be issued by the Court without further notice of
    Court.

    (7) Publication of Notices. Unless otherwise required by the Court, or applicable Local
    Admiralty or Supplemental Rule, whenever a notice is required to be published by any statute
    of the United States, or by any Supplemental Rule or Local Admiralty Rule, such notice shall
    be published at least once, without further order of Court, in an approved newspaper in the
    county or counties where the vessel or property was located at the time of arrest, attachment,
    or seizure, and if different, in the county within the Southern District of Florida where the
    lawsuit is pending.

    For purposes of this subsection, an approved newspaper shall be a newspaper of general
    circulation, designated from time to time by the Court. A listing of these approved newspapers
    will be made available in the Clerk’s Office during normal business hours.

    (8) Form and Return of Process in In Personam Actions. Unless otherwise ordered by
    the Court, Fed.R.Civ.P. 9(h) process shall be by civil summons, and shall be returnable twenty
    (20) days after service of process; except that process issued in accordance with Supplemental
    Rule (B) shall conform to the requirements of that rule.

    (9) Judicial Officer Defined. As used in these Local Admiralty Rules, the term “judicial
    officer” or “Court” shall mean either a United States District Judge or a United States
    Magistrate Judge.

    (10) Appendix of Forms. The forms presented in the Appendix provide an illustration of the
    format and content of papers filed in admiralty and maritime actions within the Southern
    District of Florida. While the forms are sufficient, they are neither mandatory nor exhaustive.

Effective Dec. 1, 1994.

                                        Advisory Notes

(1994) These rules were amended in 1994 to make them gender neutral.

(1993) (a) General Comments. These Rules were prepared and submitted to the Court through the
Rules Committee of the Southern District of Florida, at the request of a Subcommittee of the
Admiralty Law Committee of The Florida Bar.

The Local Admiralty and Maritime Rules are promulgated pursuant to this Court’s rule making
authority under Fed.R.Civ.P. 83, and have been drafted to complement the Supplemental Rules for
Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure.


                                                97
The Committee has arranged these Local Admiralty Rules to correspond generally with the ordering
of the Supplemental Rules, e.g., Local Admiralty Rule A corresponds generally with Supplemental
Rule A, and each sequentially lettered Local Admiralty Rule addresses the subject matter of the
corresponding next-in-order Supplemental Rule.

Reference to the former local admiralty rules refers to the former Local Rules of the Southern
District of Florida.

(b) Comments on Specific Sections. These Rules are substantially similar to the Local Rules for
the Middle District and therefore provide for consistency and uniformity in admiralty and maritime
claims in the state.

A(1) and A(3) continue in substance former Local Admiralty Rule 1(a).

A(4) continues the “IN ADMIRALTY” designation requirements of former Local Admiralty Rule
7(a). Under the revised rule, the “IN ADMIRALTY” designation is required to be posted to all
complaints even if the complaint is filed as a Fed.R.Civ.P. 9(h) action and jurisdiction would exist
on another basis, e.g., federal question or diversity jurisdiction.

A(5) continues the requirements of former Local Admiralty Rule 8.

A(6) continues the requirements of former Local Admiralty Rule 2(a).

A(7) enlarges upon former Local Admiralty Rule 3(a) which addressed notice by publication only
in cases filed pursuant to Supplemental Rule (C)(4). The revised rule extends the publication
provisions to all Fed.R.Civ.P. 9(h) actions for which notice by publication is required.

In addition, the existing provisions have been altered to require that the publication shall be made
both in the county where the vessel, or other property, was located at the time of arrest, attachment
or seizure; and if different, in the county within the division of this Court in which the suit is
pending.

A(8) continues the requirements of former Local Admiralty Rule 2(c).

A(9) adopts the definition of “Court” provided in the Advisory Notes to the August 1, 1985,
amendments to the Supplemental Rules.

As defined in these Local Admiralty Rules, the terms “Court” or “judicial officer” shall extend to
United States Magistrates assigned to the Southern District of Florida. The committee notes that
the delegation of the duties contemplated by this definition are consistent with the jurisdictional
grant to the United States Magistrate Judges as set forth in 28 U.S.C. § 636(a).

Where the terms “Court” and “judicial officer” are not used, these rules contemplate that without
further order of Court, the responsibility of taking the specific action shall be vested with a district
judge.


                                                  98
A(10) provides for an Appendix of Forms to the Local Admiralty Rules. The former rules
incorporated the text of some forms within the specific local rules and included some forms in an
Appendix. The Appendix of Forms provides an alternate method of presenting the format and
content of necessary admiralty forms.

As noted in the revised rule, these forms are provided as examples, and are not intended to be
mandatory. In addition to the specific forms referred to in the Local Admiralty Rules, the Appendix
also includes other commonly used admiralty forms for the use and convenience of counsel.

(1998) These rules are amended in 1998 to correct scrivener’s errors and to require the custodian
or substitute custodian to comply with orders of the Captain of the Port, United States Coast Guard.

RULE B. ATTACHMENT AND GARNISHMENT: SPECIAL PROVISIONS

    (1) Definition of “Not Found Within the District”. In an action in personam filed
    pursuant to Supplemental Rule (B), a defendant shall be considered “not found within the
    district” if the defendant cannot be served within the Southern District of Florida with the
    summons and complaint as provided by Fed.R.Civ.P. 4(d)(1), (2), (3), or (6).

    (2) Verification of Complaint Required. In addition to the specific requirements of Local
    Admiralty Rule A(5), whenever verification is made by the plaintiff’s attorney or agent, and
    that person does not have personal knowledge, or knowledge acquired in the ordinary course
    of business of the facts alleged in the complaint, the attorney or agent shall also state the
    circumstances which make it necessary for that person to make the verification, and shall
    indicate the source of the attorney’s or agent’s information.

    (3) Pre-seizure Requirements. In accordance with Supplemental Rule (B)(1), the process
    of attachment and garnishment shall issue only after one of the following conditions has been
    met:

       (a) Judicial Review Prior to Issuance. Except as provided in Local Admiralty Rule
       B(3)(b), a judicial officer shall first review the verified complaint, and any other relevant
       case papers, prior to the Clerk issuing the requested process of attachment and garnishment.
       No notice of this pre-arrest judicial review is required to be given to any person or
       prospective party.

       If the court finds that probable cause exists to issue the process of attachment and
       garnishment, plaintiff shall prepare an order for the Court’s signature directing the Clerk to
       issue the process. This order shall substantially conform in format and content to the form
       identified as SDF 1 in the Appendix of these Local Admiralty Rules.

       Upon receipt of the signed order, the Clerk shall file the order and, in accordance with Local
       Admiralty Rule B(3)(c), issue the summons and process of attachment and garnishment.
       Thereafter the Clerk may issue supplemental process without further order of Court.


                                                99
  (b) Certification of Exigent Circumstances. If the plaintiff files a written certification that
  exigent circumstances make review by the Court impracticable, the Clerk shall, in
  accordance with Local Admiralty Rule B(3)(c), issue a summons and the process of
  attachment and garnishment.

  Thereafter at any post-attachment proceedings under Supplemental Rule (E)(4)(f) and Local
  Admiralty Rule B(5), plaintiff shall have the burden of showing that probable cause existed
  for the issuance of process, and that exigent circumstances existed which precluded judicial
  review in accordance with Local Admiralty Rule B(3)(a).

  (c) Preparation and Issuance of the Process of Attachment and Garnishment. Plaintiff
  shall prepare the summons and the process of attachment and garnishment, and deliver the
  documents to the Clerk for filing and issuance.

  The process of attachment and garnishment shall substantially conform in format and content
  to the form identified as SDF 2 in the Appendix to these Local Admiralty Rules, and shall
  in all cases give adequate notice of the postseizure provisions of Local Admiralty Rule B(5).

  (d) Marshal’s Return of Service. The Marshal shall file a return of service indicating the
  date and manner in which service was perfected and, if service was perfected upon a
  garnishee, the Marshal shall indicate in the return the name, address, and telephone number
  of the garnishee.

(4) Notification of Seizure to Defendant. In an in personam action under Supplemental
Rule (B), it is expected that plaintiff and/or garnishee will initially attempt to perfect service
of the notice in accordance with Supplemental Rule (B)(2)(a) or (b).

However, when service of the notice cannot be perfected in accordance with Supplemental Rule
(B)(2)(a) or (b), plaintiff and/or garnishee should then attempt to perfect service in accordance
with Supplemental Rule (B)(2)(c). In this regard, service of process shall be sufficiently served
by leaving a copy of the process of attachment and garnishment with the defendant or garnishee
at his or her usual place of business.

(5)   Post-attachment Review Proceedings.

  (a) Filing a Required Answer. In accordance with Supplemental Rule (E)(4)(f), any
  person who claims an interest in property seized pursuant to Supplemental Rule (B) must
  file an answer and claim against the property. The answer and claim shall describe the
  nature of the claimant’s interest in the property, and shall articulate reasons why the seizure
  should be vacated. The claimant shall serve a copy of the answer and claim upon plaintiff’s
  counsel, the Marshal, and any other party to the litigation. The claimant shall also file a
  Certificate of Service indicating the date and manner in which service was perfected.




                                            100
       (b) Hearing on the Answer and Claim. The claimant may be heard before a judicial officer
       not less than three (3) days after the answer and claim has been filed and service has been
       perfected upon the plaintiff.

       If the Court orders that the seizure be vacated, the judicial officer shall also award attorney’s
       fees, costs and other expenses incurred by any party as a result of the seizure.

       If the seizure was predicated upon a showing of “exigent circumstances” under Local
       Admiralty Rule B(3)(b), and the Court finds that such exigent circumstances did not exist,
       the judicial officer shall award attorney’s fees, costs, and other expenses incurred by any
       party as a result of the seizure.

    (6) Procedural Requirement for the Entry of Default. In accordance with Rule 55,
    Fed.R.Civ.P., a party seeking the entry of default in a Supplemental Rule (B) action shall file
    a motion and supporting legal memorandum and shall offer other proof sufficient to
    demonstrate that due notice of the action and seizure have been given in accordance with Local
    Admiralty Rule B(4).

    Upon review of the motion, memorandum, and other proof, the Clerk shall, where appropriate,
    enter default in accordance with Rule 55(a), Fed.R.Civ.P. Thereafter, the Clerk shall serve
    notice of the entry of default upon all parties represented in the action.

    (7) Procedural Requirements for the Entry of Default Judgment. Not later than thirty
    (30) days following notice of the entry of default, the party seeking the entry of default
    judgment shall file a motion and supporting legal memorandum, along with other appropriate
    exhibits to the motion sufficient to support the entry of default judgment. The moving party
    shall serve these papers upon every other party to the action and file a Certificate of Service
    indicating the date and manner in which service was perfected.

    A party opposing the entry of default judgment shall have five (5) days from the receipt of the
    motion to file written opposition with the Court. Thereafter, unless otherwise ordered by the
    Court, the motion for the entry of default judgment will be heard without oral argument.

    If the Court grants the motion and enters the default judgment, such judgment shall establish
    a right on the part of the party or parties in which favor it is entered. The judgment shall be
    considered prior to any claims of the owner of the defendant property against which it is
    entered, and to the remnants and surpluses thereof; providing, however, that such a judgment
    shall not establish any entitlement to the defendant property having priority over
    non-possessory lien claimants. Obtaining a judgment by default shall not preclude the party
    in whose favor it is entered from contending and proving that all, or any portion, of the claim
    or claims encompassed within the judgment are prior to any such non-possessory lien claims.

Effective Dec. 1, 1994; amended effective April 15, 1998; April 15, 2000.




                                                 101
                                          Advisory Notes

(1993) (a) General Comments. Local Rule B is intended to enhance and codify the local procedural
requirements uniquely applicable to actions of maritime attachment and garnishment under
Supplemental Rule (B). Other local procedural requirements involving actions in rem and quasi in
rem proceedings can be found in Local Admiralty Rule E.

When read in conjunction with Supplemental Rule (B) and (E), Local Admiralty Rules B and E are
intended to provide a uniform and comprehensive method for constitutionally implementing the
long-standing and peculiar maritime rights of attachment and garnishment. The committee believes
that Local Admiralty Rules B and E correct the deficiencies perceived by some courts to exist in the
implementation of this unique maritime provision. Schiffahartsgesellschaft Leonhardt & Co. v. A.
Bottacchi S.A. de Navegacion, 552 F.Supp. 771 (S.D.Ga.1982); Cooper Shipping Company v.
Century 21, 1983 A.M.C. 244 (M.D.Fla.1982); Crysen Shipping Co. v. Bona Shipping Co., Ltd.,
553 F.Supp. 139 (N.D.Fla.1982); and Grand Bahama Petroleum Co. v. Canadian Transportation
Agencies, Ltd., 450 F.Supp. 447 (W.D.Wa.1978), discussing Supplemental Rule (B) proceedings
in light of Fuentes v. Shevin, 407 U.S. 67 [92 S.Ct. 1983, 32 L.Ed.2d 556] (1972) and Sniadach v.
Family Finance Corp., 395 U.S. 337 [89 S.Ct. 1820, 23 L.Ed.2d 349] (1969).

Although the Committee is aware of the Eleventh Circuit’s decision in Schiffahartsgesellschaft
Leonhardt & Co. v. A. Bottacchi S.A. de Navegacion, 732 F.2d 1543 (1984), the Committee believes
that from both a commercial and legal viewpoint, the better practice is to incorporate the pre-seizure
scrutiny and post-attachment review provisions provided by this rule. These provisions protect the
rights of any person claiming an interest in the seized property by permitting such persons to file a
claim against the property, and thereafter permitting a judicial determination of the propriety of the
seizure.

(b) Comments on Specific Sections. B(1) codifies the governing law of this circuit as set forth in
LaBanca v. Ostermunchner, 664 F.2d 65 (5th Cir., Unit B, 1981).

B(2) codifies the verification requirements of Supplemental Rule (B)(1) and former Local Admiralty
Rule S.

B(3) incorporates the “pre-seizure” and “exigent circumstances” provisions of the August 1, 1985,
revision to Supplemental Rule (B)(1). In the routine case, the rule contemplates that issuance of the
process of attachment and garnishment be preconditioned upon the exercise of judicial review. This
ensures that plaintiff can make an appropriate maritime claim, and present proof that the defendant
cannot be found within the district. The rule also contemplates that upon a finding of probable
cause, a simple order directing the Clerk to issue the process shall be entered by the Court.

This rule also incorporates the “exigent circumstances” provision of Supplemental Rule (B)(1).
Read in conjunction with Local Admiralty Rule B(5)(b), this rule requires that the plaintiff carry the
burden of proof at any post-attachment proceedings to establish not only the prima facie conditions
of a maritime attachment and garnishment action under Supplemental Rule (B), but also that
“exigent circumstances” precluded judicial review under Local Admiralty Rule B(3)(a). The


                                                 102
Committee believes that this additional requirement will place upon plaintiff’s counsel a burden of
extra caution before invoking the “exigent circumstance” provision of the rule.

B(5) establishes the post-attachment review provisions potentially applicable to maritime attachment
and garnishment proceedings. These proceedings may be invoked by any person claiming an
interest in the seized property.

(2000) Local Rule B7 is amended to give the party seeking entry of a default judgment up to 30
days, rather than 5 days, to file a motion and supporting legal memorandum.

RULE C. ACTION IN REM

    (1) Verification Requirements. Every complaint and claim filed in an in rem proceeding
    pursuant to Supplemental Rule (C) shall be verified in accordance with Local Admiralty Rules
    A(5) and B(2).

    (2) Pre-seizure Requirements. In accordance with Supplemental Rule (C)(3), the process
    of arrest in rem shall issue only after one of the following conditions has been met:

       (a) Judicial Review Prior to Issuance. Except as provided in Local Admiralty Rule
       C(2)(b), a judicial officer shall first review the verified complaint, and any other relevant
       case papers, prior to the Clerk issuing the warrant of arrest and/or summons in rem. No
       notice of this pre-seizure judicial review is required to be given to any person or prospective
       party.

       If the Court finds that probable cause exists for an action in rem, plaintiff shall prepare an
       order for the Court’s signature directing the Clerk to issue a warrant of arrest and/or
       summons. This order shall substantially conform in format and content to the form
       identified as SDF 2 in the Appendix to these Local Admiralty Rules.

       Upon receipt of the signed order, the Clerk shall file the order and, in accordance with Local
       Admiralty Rule C(2)(c), issue the warrant of arrest and/or summons. Thereafter the Clerk
       may issue supplemental process without further order of the Court.

       (b) Certification of Exigent Circumstances. If the plaintiff files a written certification that
       exigent circumstances make review by the Court impracticable, the Clerk shall, in
       accordance with Local Admiralty Rule B(3)(b), issue a warrant of arrest and/or summons.

       Thereafter at any post-arrest proceedings under Supplemental Rule (E)(4)(f) and Local
       Admiralty Rule C(7), plaintiff shall have the burden of showing that probable cause existed
       for the issuance of process, and that exigent circumstances existed which precluded judicial
       review in accordance with Local Admiralty Rule C(2)(a).

       (c) Preparation and Issuance of the Warrant of Arrest and/or Summons. Plaintiff shall
       prepare the warrant of arrest and/or summons, and deliver them to the Clerk for filing and
       issuance.


                                                103
  The warrant of arrest shall substantially conform in format and content to the form identified
  as SDF 4 in the Appendix to these Local Admiralty Rules, and shall in all cases give
  adequate notice of the post-arrest provisions of Local Admiralty Rule C(7).

(3) Special Requirements for Actions Involving Freight, Proceeds and/or Intangible
Property.

  (a) Instructions to Be Contained in the Summons. Unless otherwise ordered by the Court,
  the summons shall order the person having control of the freight, proceeds and/or intangible
  property to either:

     (1)    File a claim within ten (10) days after service of the summons in accordance with
     Local Admiralty Rule C(6)(a); or

     (2)    Deliver or pay over to the Marshal, the freight, proceeds, and/or intangible
     property, or a part thereof, sufficient to satisfy plaintiff’s claim.

     The summons shall also inform the person having control of the freight, proceeds, and/or
     intangible property that service of the summons has the effect of arresting the property,
     thereby preventing the release, disposal or other distribution of the property without prior
     order of the Court.

  (b) Requirements for Claims to Prevent the Delivery of Property to the Marshal. Any
  claim filed in accordance with Supplemental Rule (E)(4) and Local Admiralty Rule C(6)(a)
  shall describe the nature of claimant’s interest in the property, and shall articulate reasons
  why the seizure should be vacated.

  The claim shall be served upon the plaintiff, the Marshal, and all other parties to the
  litigation. Additionally, the claimant shall file a Certificate of Service indicating the date
  and manner in which service was perfected.

  (c) Delivery or Payment of the Freight, Proceeds, and/or Intangible Property to the U.S.
  Marshal. Unless a claim is filed in accordance with Supplemental Rule (E)(4)(f), and Local
  Admiralty Rule C(6)(a), any person served with a summons issued pursuant to Local
  Admiralty Rule C(2)(a) or (b), shall within ten (10) days after execution of service, deliver
  or pay over to the Marshal all, or part of, the freight, proceeds, and/or intangible property
  sufficient to satisfy plaintiff’s claim.

  Unless otherwise ordered by the Court, the person tendering control of the freight, proceeds,
  and/or intangible property shall be excused from any further duty with respect to the
  property in question.




                                           104
(4)     Publishing Notice of the Arrest as Required by Supplemental Rule (C)(4).

  (a) Time for Publication. If the property is not released within ten (10) days after the
  execution of process, the notice required by Supplemental Rule (C)(4) shall be published by
  the plaintiff in accordance with Local Admiralty Rule A(7). Such notice shall be published
  within seventeen (17) days after execution of process. The notice shall substantially
  conform to the form identified as SDF 7 in the Appendix to these Local Admiralty Rules.

  (b) Proof of Publication. Plaintiff shall file with the Clerk, proof of publication not later
  than ten (10) days following the last day of publication. It shall be sufficient proof for the
  plaintiff to file the sworn statement by, or on behalf of, the publisher or editor, indicating the
  dates of publication, along with a copy or reproduction of the actual publication.

(5) Undertaking in Lieu of Arrest. If, before or after the commencement of an action, a
party accepts any written undertaking to respond on behalf of the vessel and/or other property
in return for foregoing the arrest, the undertaking shall only respond to orders or judgments in
favor of the party accepting the undertaking, and any parties expressly named therein, to the
extent of the benefit thereby conferred.

(6) Time for Filing Claim or Answer. Unless otherwise ordered by the court, any claimant
of property subject to an action in rem shall:

  (a)    File the claim within ten (10) days after process has been executed; and

  (b)    Serve an answer within twenty (20) days after the filing of the claim.

(7) Post-arrest Proceedings. Coincident with the filing of a claim pursuant to
Supplemental Rule (E)(4)(f), and Local Admiralty Rule C(6)(a), the claimant may also file a
motion and proposed order directing plaintiff to show cause why the arrest should not be
vacated. If the Court grants the order, the Court shall set a date and time for a show cause
hearing. Thereafter, if the Court orders the arrest to be vacated, the Court shall award
attorney’s fees, costs, and other expenses incurred by any party as a result of the arrest.

Additionally, if the seizure was predicated upon a showing of “exigent circumstances” under
Local Admiralty Rule C(6)(b), and the Court finds that such exigent circumstances did not
exist, the Court shall award attorneys’ fees, costs and other expenses incurred by any party as
a result of the seizure.

(8) Procedural Requirements Prior to the Entry of Default. In accordance with Rule 55,
Fed.R.Civ.P., a party seeking the entry of default judgment in rem shall first file a motion and
supporting legal memorandum.

The party seeking the entry of default shall also file such other proof sufficient to demonstrate
that due notice of the action and arrest have been given by:



                                             105
       (a)   Service upon the master or other person having custody of the property; and

       (b) Delivery, or by certified mail, return receipt requested (or international effective
       equivalent), to every other person, including any known owner, who has not appeared or
       intervened in the action, and who is known to have, or claims to have, a possessory interest
       in the property.

       The party seeking entry of default judgment under Local Rule C(8) may be excused for
       failing to give notice to such “other person” upon a satisfactory showing that diligent effort
       was made to give notice without success; and

       (c)   Publication as required by Supplemental Rule (C)(4) and Local Admiralty Rule C(4).

    Upon review of the motion, memorandum, and other proof, the Clerk may, where appropriate,
    enter default in accordance with Rule 55, Fed.R.Civ.P. Thereafter, the Clerk shall serve notice
    of the entry of default upon all parties represented in the action.

    (9) Procedural Requirements for the Entry of Default Judgment. Not later than thirty
    (30) days following notice of the entry of default, the moving party shall file a motion, and
    supporting legal documents, for the entry of default judgment pursuant to Rule 55(b),
    Fed.R.Civ.P. The moving party may also file as exhibits for the motion such other
    documentation as may be required to support the entry of default judgment. Thereafter the
    court will consider the motion as indicated below:

       (a) When No Person Has Filed a Claim or Answer. Unless otherwise ordered by the court,
       the motion for default judgment will be considered by the court without oral argument.

       (b) When Any Person Has Filed an Appearance, But Does Not Join in the Motion for Entry
       of Default Judgment. If any person has filed an appearance in accordance with Local
       Admiralty Rule C(6), but does not join in the motion for entry of default judgment, the party
       seeking the entry of default judgment shall serve notice of the motion upon the party not
       joining in the motion, and thereafter the opposing party shall have five (5) days from receipt
       of the notice to file written opposition with the court.

       If the court grants the motion and enters the default judgment, such judgment shall establish
       a right on the part of the party or parties in whose favor it is entered. The judgment shall be
       considered prior to any claims of the owner of the defendant property against which it is
       entered, and to the remnants and surpluses thereof; providing, however, that such a
       judgment shall not establish any entitlement to the defendant property having priority over
       non-possessory lien claimants. Obtaining a judgment by default shall not preclude the party
       in whose favor it is entered from contending and proving that all, or any portion, of the claim
       or claims encompassed within the judgment are prior to any such non-possessory lien claims.

Effective Dec. 1, 1994; amended effective April 15, 1998; April 15, 2000; April 15, 2001.



                                                106
                                            Advisory Notes

(1993) C(2). Well reasoned authority has upheld Supplemental Rule (C), specifically holding that
a pre-seizure judicial hearing is not required where a vessel, freight, or intangible property is
proceeded against to enforce a maritime lien. Amstar Corporation v. S S Alexandros T, 664 F.2d
904 (4th Cir.1981); Merchants Nat’l Bank v. Dredge Gen. G.L. Gillespie, 663 F.2d 1338 (5th Cir.,
Unit A, 1981); Schiffahartsgesellschaft Leonhardt & Co. v. A. Bottacchi S.A. de Navegacion, 732
F.2d 1543 (11th Cir.1984).

The desirability of providing by local admiralty rule an available avenue for reasonably prompt and
effective post-arrest judicial relief is indicated. See, Merchants Nat’l Bank v. Dredge Gen. G.L.
Gillespie, supra, at 1334, 1350. This provision is incorporated in Local Admiralty Rule C(7).

This procedure made available through this rule has proven effective. Maryland Ship Building &
Dry-Dock Co. v. Pacific Ruler Corp., 201 F.Supp. 858 (SDNY 1962). In fact, the procedure
established by this local rule goes beyond that encountered in Merchants Nat’l Bank v. Dredge Gen.
G.L. Gillespie, supra, or Maryland Ship Building & Dry-Dock Co. v. Pacific Ruler Corp., supra.

Under this rule, the claimant or intervenor may petition the Court to order the plaintiff to establish
probable cause for the arrest of the property. Therefore at an early stage of the litigation, plaintiff
can be required to establish a prima facie case that he is asserting a claim which is entitled to the
dignity and status of a maritime lien against the arrested property. This rule contemplates the entry
of an order with conclusory findings following the post-arrest proceedings. More detailed findings
may be requested by any party.

The rule is not intended to provide a method for contesting the amount of security to be posted for
the release of the vessel. Once a prima facie case for the maritime lien has been established, or the
question of lien status remains uncontested, the matter of security is left to the provisions of Local
Admiralty Rule E.

C(3). Supplemental Rule (C)(3) also addresses the less commonly encountered action in rem to
enforce a maritime lien against freights, proceeds or other intangible property. The revision to this
rule designates the U.S. Marshal to take custody of all tangible and intangible properties arrested
in accordance with this rule, and to bring these properties under the control of the Court. This is the
practice in many other districts, and when implemented will provide the greatest uniformity in the
treatment of tangible and intangible property.

C(4). The substance of former Local Rule 3(c) is continued.

C(5). Although this section is new to the local rules, it reflects the current local practice with respect
to undertakings and stipulations in lieu of arrest. Such undertakings and stipulations have been held
effective to permit a Court to exercise its in rem admiralty jurisdiction so long as either at the time
the undertaking or stipulation is given, or at any subsequent time prior to the filing of the action, the
vessel or other property is, or will be, present within the district.


                                                   107
C(6). The substance of former Local Rule 2(b) is continued.

C(7). See the comments for Local Admiralty Rule C(2).

C(8) and (9). These sections are designed to mesh Supplemental Rule (C) with Fed.R.Civ.P. 55. For
purpose of default and default judgments, the rule recognizes two distinct groups of in rem
claimants.

The first category of claimants include those who by ownership or otherwise, would, but for the
arrest of the property, be entitled to its possession. Pursuant to Supplemental Rule (C)(6), these
claimants must file a claim setting forth their interest in the property, demand their right to receive
possession, and to appear and defend the action. In the case of such claimants, the operation of
standard default procedures foreclose their rights to contest positions of the party in whose favor the
default is rendered, and the entry of default judgment is both fair and appropriate.

The second category of claimants embodies a potentially numerous and varying class of claimants.
The claims of these other claimants do not give rise to a right of possession of the vessel from the
marshal or other appropriate custodian, but rather invoke the power of the Court in admiralty to
foreclose against the property by the ultimate rendering of a judgment in rem against property
entitlements. Such judgments would be predicated upon non-possessory liens.

The time in which the second category of claimants may intervene is governed by the provisions of
Local Admiralty Rule E. Such lien claimants are not obligated, and indeed are probably not entitled
to file a claim of possession to the vessel, or to answer and defend in the name of the vessel. As to
them, in accordance with Fed.R.Civ.P. 8, the essential averments of all the complaints are taken as
automatically denied.

No default judgments entered pursuant to this rule will operate to adjudicate priorities among
competing non-possessory lien claimants.

In attempting to reconcile the traditional notions of default and default judgments with the concept
of in rem proceedings, the final language has been formulated to maintain the efficacy of the default
procedure without resulting in premature adjudication effecting priorities and distributions. The
default procedure establishes in favor of the holder of such a default judgment, a lien position
against the proceeds of the property, resulting from any sale or disposition, or, if currency is
involved, the ultimate adjudication, inferior to all other competing priorities, except the otherwise
escheating right of the property owner to the remnants and surpluses after all full-claims
satisfactions. At the same time, the right of a person obtaining a default judgment to contend and
compete with other claimants for priority distribution remains unaffected.

(2000) Local Rule C9 is amended to give the party seeking entry of a default judgment up to 30
days, rather than 5 days, to file a motion and supporting legal memorandum.

(2001) Corrections to rule number references.


                                                 108
RULE D. POSSESSORY, PETITORY AND PARTITION ACTIONS

    (1) Establishing Dates for the Return of Process. In possessory actions filed pursuant to
    Supplemental Rule (D), the Court may order that process be returnable at a time shorter than
    that prescribed by Rule 12(a), Fed.R.Civ.P.

    If the Court shortens the time, the Court shall specify the date upon which the answer must be
    filed, and may also set a hearing date to expedite the disposition of the possessory action.
    When possible, possessory actions shall be given preference on a judicial officer’s calendar.

Effective Dec. 1, 1994.

                                         Advisory Notes

(1993) This rule continues in substance the provisions of former Local Admiralty Rule 15.

The rule recognizes the equity in allowing for a prompt resolution in possessory actions. Since a
possessory action is brought to reinstate an owner of a vessel alleging wrongful deprivation of
property, rather than to allow original possession, the rule permits the Court to expedite these
actions, thereby providing a quick remedy for the one wrongfully deprived of his rightful property,
Silver v. Sloop Silver Cloud, 259 F.Supp. 187 (SDNY 1966).

Since a petitory and possessory action can be joined to obtain original possession, The Friendship,
Fed.Cas. No. 5,123 (CCD Maine, 1855), this rule contemplates that an expedited hearing will only
occur in purely possessory actions.

RULE E. ACTIONS IN REM AND QUASI IN REM: GENERAL PROVISIONS

    (1) Statement of Itemized Damages and Expenses Required. Every complaint in a
    Supplemental Rule (B) and (C) action shall state the amount of the debt, damages, or salvage
    for which the action is brought. In addition, the statement shall also specify the amount of any
    unliquidated claims, including attorneys’ fees.

    (2) Requirements and Procedures for Effecting Intervention. Whenever a vessel or other
    property is arrested or attached in accordance with any Supplemental Rule, and the vessel or
    property is in the custody of the U.S. Marshal, or duly authorized substitute custodian, any
    other person having a claim against the vessel or property shall be required to present their
    claim as indicated below:

       (a) Intervention of Right When No Sale of the Vessel or Property Is Pending. Except as
       limited by Local Admiralty Rule E(2)(b), any person having a claim against a vessel or
       property previously arrested or attached by the Marshal may, as a matter of right, file an
       intervening complaint at any time before an order is entered by the Court scheduling the
       vessel or property for sale.


                                               109
Coincident with the filing of an intervening complaint, the offering party shall prepare and
file a supplemental warrant of arrest and/or a supplemental process of attachment and
garnishment.

Upon receipt of the intervening complaint and supplemental process, the Clerk shall conform
a copy of the intervening complaint and shall issue the supplemental process. Thereafter,
the offering party shall deliver the conformed copy of the intervening complaint and
supplemental process to the Marshal for execution. Upon receipt of the intervening
complaint and supplemental process, the Marshal shall re-arrest or re-attach the vessel or
property in the name of the intervening plaintiff.

Counsel for the intervening party shall serve a copy of the intervening complaint, and copies
of all process and exhibits upon all other counsel of record, and shall thereafter file a
certificate of service with the Clerk indicating the manner and date of service.
(b) Permissive Intervention When the Vessel or Property Has Been Scheduled for Sale by
the Court. Except as indicated below, and subject to any other rule or order of this Court,
no person shall have an automatic right to intervene in an action where the Court has ordered
the sale of the vessel or property, and the date of the sale is set within fifteen (15) days from
the date the party moves for permission to intervene in accordance with this subsection. In
such cases, the person seeking permission to intervene must:

    (1)    File a motion to intervene and indicate in the caption of the motion a request for
    expedited hearing when appropriate.

    (2)    Include a copy of the anticipated intervening complaint as an exhibit to the
    motion to intervene.

    (3)   Prepare and offer for filing a supplemental warrant of arrest and/or a
    supplemental process of attachment and garnishment.

    (4)    Serve copies of the motion to intervene, with exhibits and proposed supplemental
    process upon every other party to the litigation.

    (5)     File a certificate of service indicating the date and manner of service.

Thereafter, the Court may permit intervention under such conditions and terms as are
equitable to the interests of all parties; and if intervention is permitted, shall also direct the
Clerk to issue the supplemental process.

Upon receipt of the order permitting intervention, the Clerk shall file the originally signed
intervening complaint, conform a copy of the intervening complaint and issue the
supplemental process.

Thereafter, the offering party shall deliver the conformed copy of the intervening complaint
and supplemental process to the Marshal for execution. Upon receipt of the intervening


                                           110
   complaint and supplemental process, the Marshal shall re-arrest or re-attach the vessel or
   property in the name of the intervening plaintiff.

   Counsel for the intervening party shall also serve a copy of the intervening complaint,
   exhibits, and supplemental process upon every other party of record and shall thereafter file
   a Certificate of Service with the Clerk indicating the manner and date of service.

(3) Special Requirements for Salvage Actions. In cases of salvage, the complaint shall
also state to the extent known, the value of the hull, cargo, freight, and other property salvaged,
the amount claimed, the names of the principal salvors, and that the suit is instituted in their
behalf and in behalf of all other persons associated with them.

In addition to these special pleading requirements, plaintiff shall attach as an exhibit to the
complaint a list of all known salvors, and all persons believed entitled to share in the salvage.
Plaintiff shall also attach a copy of any agreement of consortship available and known to exist
among them collegially or individually.

(4) Form of Stipulation or Bonds. Except in cases instituted by the United States through
information, or complaint of information upon seizures for any breach of the revenues,
navigation, or other laws of the United States, stipulations or bonds in admiralty and maritime
actions need not be under seal and may be executed by the agent or attorney of the stipulator
or obligor.

(5) Deposit of Marshal’s Fees and Expenses Required Prior to Effecting Arrest,
Attachment and/or Garnishment.

   (a) Deposit Required Before Seizure. Any party seeking the arrest or attachment of
   property in accordance with Supplemental Rule (E) shall deposit a sum with the Marshal
   sufficient to cover the Marshal’s estimated fees and expenses of arresting and keeping the
   property for at least ten (10) days. The Marshal is not required to execute process until the
   deposit is made.

   (b) Proration of Marshal’s Fees and Expenses Upon Intervention. When one or more
   parties intervene pursuant to Local Admiralty Rule E(2)(a) or (b), the burden of advancing
   sums to the Marshal sufficient to cover the Marshal’s fees and expenses shall be allocated
   equitably between the original plaintiff, and the intervening party or parties as indicated
   below:

       (1)     Stipulation for the Allocation and Payment of the Marshal’s Fees and Expenses.
       Immediately upon the filing of the intervening complaint, counsel for the intervening
       plaintiff shall arrange for a conference between all other parties to the action, at which
       time a good faith effort shall be made to allocate fees and expenses among the parties.
       Any resulting stipulation between the parties shall be codified and filed with the Court
       and a copy served upon the Marshal.



                                             111
   (2)     Allocation of Costs and Expenses in the Event That Counsel Cannot Stipulate.
   The Court expects that counsel will resolve the allocation of costs and expenses in
   accordance with the preceding paragraph. In the event that such an arrangement cannot
   be made, the parties shall share in the fees and expenses of the Marshal in proportion to
   their claims as stated in the original and intervening complaints.

   In order to determine the proportionate shares of each party, counsel for the last
   intervening plaintiff shall determine the total amounts claimed by each party. The
   individual claims shall be determined from the original and amended complaint, and all
   other intervening complaints subsequently accepted and processed by the Marshal in
   accordance with Local Admiralty Rule E(2)(a) or (b).

   Thereafter, counsel for the last intervening plaintiff shall deliver to the Marshal a list
   which summarizes each party’s claim, and the proportion which each party’s claim bears
   to the aggregate claims asserted in the litigation, determined to the nearest one-tenth of
   one percentage point.

   Upon receipt of this listing, the Marshal shall determine the total expenses incurred to
   date and shall estimate the expenses to be incurred during the next ten (10) days. For the
   purpose of making this calculation, the total fees and expenses shall be calculated from
   the date when continuous and uninterrupted arrest or attachment of the property began,
   and not prorated from the date a particular party’s intervening complaint was filed.

   The Marshal shall then apply the percentages determined in the listing, and shall
   compute the amount of the intervening party’s initial deposit requirements. The Marshal
   shall also utilize this listing to compute any additional deposit requirements which may
   be necessary pursuant to Local Admiralty Rule E(5)(c).

   The Marshal need not re-arrest or re-attach the vessel and/or property until the deposit
   is received from the intervening plaintiff.

(c) Additional Deposit Requirements. Until the property arrested or attached and
garnished has been released or otherwise disposed of in accordance with Supplemental Rule
(E), the Marshal may require from any original and intervening party who has caused the
arrest or attachment and garnishment of a vessel or property, to post such additional deposits
as the Marshal determines necessary to cover any additional estimated fees or expenses.

(d) Judicial Relief From Deposit Requirements. Any party aggrieved by the deposit
requirements of Local Admiralty Rule E(5)(b) may apply to the Court for relief. Such
application shall be predicated upon a showing that owing to the relative priorities of the
claims asserted against the vessel or other property, the deposit requirements operate to
impose a burden disproportionate to the aggrieved party’s recovery potential.

The judicial officer may adjust the deposit requirements, but in no event shall the proportion
required of an aggrieved party be reduced to a percentage less than that imposed upon the


                                         112
  claimant whose claim is the smallest among that of claims which the aggrieved party
  stipulates as having priority over its claim; or, in the absence of such stipulation, the greatest
  percentage imposed upon any claimant participating in the deposit requirements.

  (e) Consequence of Failing to Comply With Additional Deposit Requirements. Any party
  who fails to make the additional deposit as requested by the Marshal may not participate
  further in the proceeding, except for the purpose of seeking relief from this rule.
  Additionally, the Marshal shall notify the Court in writing whenever any party fails to make
  additional deposits as required by Local Admiralty Rule E(5)(c).

  In the event that a party questions its obligations to advance monies required by this rule, the
  Marshal may apply to the Court for instructions concerning that party’s obligation under the
  rule.

(6) Property in Possession of a United States Officer. Whenever the property to be
arrested or attached is in custody of a U.S. officer, the Marshal shall serve the appropriate
process upon the officer or employee; or, if the officer or employee is not found within the
district, then to the custodian of the property within the district.
The Marshal shall direct the officer, employee or custodian not to relinquish custody of the
property until ordered to do so by the Court.

(7)   Process Held in Abeyance.

  (a) When Permitted. In accordance with Supplemental Rule (E)(3)(b), a plaintiff may ask
  the Clerk not to issue process, but rather to hold the process in abeyance. The Clerk shall
  docket this request, and thereafter shall not be responsible for ensuring that process is issued
  at a later date.

  (b) When Intervention Is Subsequently Required. It is the intention of these rules that a
  vessel or other property should be arrested or attached pursuant to process issued and
  effected in only one civil action. Therefore, if while process is held in abeyance on one
  action, the vessel or property is arrested or attached in another action, it shall be the
  responsibility of the plaintiff who originally requested process be held in abeyance in the
  first action to voluntarily dismiss without prejudice the first action, insofar as that action
  seeks to proceed against the property arrested or attached in the second action, and promptly
  intervene in the second action pursuant to Local Admiralty Rule E(2)(a) or (b).

  In order to prevent undue hardship or manifest injustice, motions to consolidate in rem
  actions against the same vessel or property will be granted only in exceptional
  circumstances.

(8)   Release of Property in Accordance With Supplemental Rule (E)(5).

  (a) Release by Consent or Stipulation. Subject to the limitations imposed by Supplemental
  Rule (E)(5)(c), the Marshal may release any vessel, cargo or property in the Marshal’s


                                             113
possession to the party on whose behalf the property is detained. However, as a precondition
to release, the Marshal shall require a stipulation, bond, or other security, expressly
authorizing the release. The authorizing instrument shall be signed by the party, or the
party’s attorney, on whose behalf the property is detained.

The stipulation, bond, or other security shall be posted in an amount equal to, or greater than,
the amount required for the following types of action:

   (1)    Actions Entirely for a Sum Certain. The amount alleged to be due in the
   complaint, with interest at six percent (6%) per annum from the date claimed to be due
   to a date twenty-four (24) months after the date the claim was filed, or by filing an
   approved stipulation, or bond for the amount alleged plus interest as computed in this
   subsection.

   The stipulation or bond shall be conditioned to abide by all orders of the Court, and to
   pay the amount of any final judgment entered by this Court or any appellate Court, with
   interest.

   (2)     Actions Other Than Possessory, Petitory or Partition. Unless otherwise ordered
   by the Court, the amount of the appraised or agreed value of the property seized, with
   interest. If an appraised value cannot be agreed upon by the parties, the Court shall order
   an appraisal in accordance with Local Admiralty Rule F(3).

   The stipulation or bond shall be conditioned to abide by all orders of the Court, and to
   pay the amount of any final judgment entered by this Court or any appellate Court, with
   interest.

   The person consenting or stipulating to the release shall also file a claim in accordance
   with Local Admiralty Rule E(2)(a) or (b).

   (3)     Possessory, Petitory or Partition Actions. The Marshal may release property in
   these actions only upon order of Court, and upon the subsequent deposit of security and
   compliance with such terms and/or conditions as the Court deems appropriate.

(b) Release Pursuant to Court Order. In accordance with Supplemental Rule (E)(5)(c),
a party may petition to release the vessel pursuant to Court order. A party making such
application shall file a Request for Release which shall substantially conform in format and
content to the form identified as SDF 8 in the Appendix to these Local Admiralty Rules.
Additionally, the party shall prepare, and offer for filing, a proposed order directing the
release. This order shall substantially conform in format and content to the form identified
as SDF 9 in the Appendix to these Local Admiralty Rules.

However, as a precondition to the release, the Marshal shall require a stipulation, bond, or
other security, as specified in Local Admiralty Rule E(8)(a)(1), (2) or (3), as appropriate.



                                          114
  (c) Upon the Dismissal or Discontinuance of an Action. By coordinating with the Marshal
  to ensure that all costs and charges of the Court and its officers have first been paid.

  (d)    Release Subsequent to the Posting of a General Bond.

        (1)     Requirements of a General Bond. General bonds filed pursuant to Supplemental
        Rule (E)(5)(b) shall identify the vessel by name, nationality, dimensions, official number
        or registration number, hailing port and port of documentation.

        (2)     Responsibility for Maintaining a Current Listing of General Bonds. The Clerk
        shall maintain a current listing of all general bonds. This listing should be maintained
        in alphabetical order by name of the vessel. The listing will be available for inspection
        during normal business hours.

        (3)     Execution of Process. The arrest of a vessel covered by a general bond shall be
        stayed in accordance with Supplemental Rule (E)(5)(b), however, the Marshal shall
        serve a copy of the complaint upon the master or other person in whose charge or
        custody the vessel is found. If neither the master nor another person in charge of custody
        is found aboard the vessel, the Marshal shall make the return accordingly.

        Thereafter, it shall be plaintiff’s responsibility to advise the owner or designated agent,
        at the address furnished in the general bond, of (1) the case number, (2) nature of the
        action and the amount claimed; (3) the plaintiff and name and address of plaintiff’s
        attorney; and (4) the return date for filing a claim.

(9) Application to Modify Security for Value and Interest. At any time, any party having
an interest in the subject matter of the action may move the Court, on due notice and for cause,
for greater, better or lesser security, and any such order may be enforced by attachment or as
otherwise provided by law.

(10) Custody and Safekeeping.

  (a) Initial Responsibility. The Marshal shall initially take custody of any vessel, cargo
  and/or other property arrested, or attached in accordance with these rules. Thereafter, and
  until such time as substitute custodians may be authorized in accordance with Local
  Admiralty Rule E(10)(c), the Marshal shall be responsible for providing adequate and
  necessary security for the safekeeping of the vessel or property. In the discretion of the
  Marshal, adequate and necessary security may include the placing of keepers on or near the
  vessel and/or the appointment of a facility or person to serve as a custodian of the vessel or
  property.

  (b) Limitations on the Handling, Repairing and Subsequent Movement of Vessels or
  Property. Subsequent to the arrest or attachment of a vessel or property, and except as
  provided in Local Admiralty Rule E(10)(a), no person may handle cargo, conduct repairs,
  or move a vessel without prior order of Court. Notwithstanding the foregoing, the custodian


                                             115
or substitute custodian is obligated to comply with any orders issued by the Captain of the
Port, United States Coast Guard, including an order to move the vessel; and to comply with
any applicable federal, state, or local laws or regulations pertaining to vessel and port safety.
Any movement of a vessel pursuant to such requirements must not remove the vessel from
the Southern District of Florida and shall be reported to the Court within twenty-four (24)
hours of the vessel’s movement.

(c) Procedures for Changing Custody Arrangements. Any party may petition the Court
to dispense with keepers, remove or place the vessel, cargo and/or other property at a
specified facility, designate a substitute custodian for the vessel or cargo, or for other similar
relief. The motion shall substantially conform in format and content to the form identified
as SDF 5 in the Appendix of these Local Admiralty Rules.

      (1)     Notification of the Marshal Required. When an application for change in custody
      arrangements is filed, either before or after the Marshal has taken custody of the vessel
      or property, the filing party shall serve notice of the application on the Marshal in
      sufficient time to permit the Marshal to review the indemnification and insurance
      arrangements of the filing party and substitute custodian. The application shall also be
      served upon all other parties to the litigation.

      (2)    Indemnification Requirements. Any motion for the appointment of a substitute
      custodian or facility shall include as an exhibit to the motion, a consent and
      indemnification agreement signed by both the filing party, or the filing party’s attorney,
      and the proposed substitute custodian.

      The consent and indemnification agreement shall expressly release the Marshal from any
      and all liability and responsibility for the care and custody of the property while in the
      hands of the substitute custodian; and shall expressly hold the Marshal harmless from
      any and all claims whatsoever arising from the substitute custodianship. The agreement
      shall substantially conform in format and content to the form identified as SDF 6 in the
      Appendix to these Local Admiralty Rules.

      (3)     Court Approval Required. The motion to change custody arrangements, and
      indemnification and consent agreement shall be referred to a judicial officer who shall
      determine whether the facility or substitute custodian is capable of safely keeping the
      vessel, cargo and/or property.

(d)    Insurance Requirements.

      (1)     Responsibility for Initially Obtaining Insurance. Concurrent with the arrest or
      attachment of a vessel or property, the Marshal shall obtain insurance to protect the
      Marshal, the Marshal’s deputies, keepers, and custodians from liability arising from the
      arrest or attachment.

      The insurance shall also protect the Marshal and the Marshal’s deputies or agents from
      any liability arising from performing services undertaken to protect the vessel, cargo


                                           116
     and/or property while that property is in the custody of the Court.

     (2)    Payment of Insurance Premiums. It shall be the responsibility of the party
     applying for the arrest or attachment of a vessel, cargo and/or property to promptly
     reimburse the Marshal for premiums paid to effect the necessary insurance.

     The party applying for change in custody arrangements shall be responsible for paying
     the Marshal for any additional premium associated with the change.

     (3)     Taxation of Insurance Premiums. The premiums charged for the liability
     insurance will be taxed as an expense of custody while the vessel, cargo and/or property
     is in custodia legis.

(11) Preservation, Humanitarian and Repatriation Expenses.

  (a) Limitations on Reimbursement for Services and/or Supplies Provided to a Vessel or
  Property in Custody. Except in cases of emergency or undue hardship, no person will be
  entitled to claim as an expense of administration the costs of services or supplies furnished
  to a vessel, cargo and/or property unless such services or supplies have been furnished to the
  Marshal upon the Marshal’s order, or pursuant to an order of this Court.
  Any order issued pursuant to this subsection shall require the person furnishing the services
  or supplies to file a weekly invoice. This invoice shall be set forth in the format prescribed
  in Local Admiralty Rule E(11)(e).

  (b) Preservation Expenses for the Vessel and Cargo. The Marshal, or substitute custodian,
  is authorized to incur expenses reasonably deemed necessary in maintaining the vessel,
  cargo and/or property in custody for the purpose of preventing the vessel, cargo and/or
  property from suffering loss or undue deterioration.

  (c) Expenses for Care and Maintenance of a Crew. Except in an emergency, or upon the
  authorization of a judicial officer, neither the Marshal nor substitute custodian shall incur
  expenses for feeding or otherwise maintaining the crew.

  Applications for providing food, water and necessary medical services for the maintenance
  of the crew may be submitted, and decided ex parte by a judicial officer, providing such an
  application is made by some person other than the owner, manager or general agent of the
  vessel.

  Such applications must be filed within thirty (30) days from the date of the vessel’s initial
  seizure. Otherwise, except in the case of an emergency, such applications shall be filed and
  served upon all parties, who in turn shall have ten (10) days from receipt of the application
  to file a written response. Expenses for feeding or otherwise maintaining the crew, when
  incurred in accordance with this subsection, shall be taxed as an expense of administration
  and not as an expense of custody.



                                           117
  (d) Repatriation Expenses. Absent an order of Court expressly ordering the repatriation
  of the crew and/or passengers, and directing that the expenses be taxed as a cost of
  administration, no person shall be entitled to claim these expenses as expenses of
  administration.

  (e) Claim by a Supplier for Payment of Charges. Any person who claims payment for
  furnishing services or supplies in compliance with Local Admiralty Rule E(11), shall submit
  an invoice to the Marshal’s office for review and approval.

  The claim shall be presented in the form of a verified claim, and shall be submitted within
  a reasonable time after furnishing the services or supplies, but in no event shall a claim be
  accepted after the vessel, or property has been released. The claimant shall file a copy of the
  verified claim with the Marshal, and also serve the substitute custodian and all other parties
  to the litigation.

  The Marshal shall review the claim, make adjustments or recommendations to the claim as
  are appropriate, and shall thereafter forward the claim to the Court for approval. The Court
  may postpone the hearing on an individual claim until a hearing can be set to consolidate
  other claims against the property.

(12) Property in Incidental Custody and Otherwise Not Subject to the Arrest or
Attachment.

  (a) Authority to Preserve Cargo in Incidental Custody. The Marshal, or an authorized
  substitute custodian, shall be responsible for securing, maintaining and preserving all
  property incidentally taken into custody as a result of the arrest or attachment of a vessel or
  property. Incidental property may include, but shall not be limited to, laden cargo not itself
  the subject of the arrest or attachment.

  The Marshal or other custodian shall maintain a separate account of all costs and expenses
  associated with the care and maintenance of property incidentally taken into custody.

  Any person claiming entitlement to possession of property incidentally taken into custody
  shall be required, as a precondition of receiving possession, to reimburse the Marshal for
  such separately accounted expenses. Monies received by the Marshal will be credited
  against both the expense of custody and administration.

  (b) Separation, Storage and Preservation of Property in Incidental Custody. Any party,
  or the Marshal, may petition the Court to permit the separation and storage of property in
  incidental custody from the property actually arrested or attached.

  When separation of the property is ordered to protect the incidentally seized property from
  undue deterioration; provide for safer storage; meet an emergency; reduce the expenses
  of custody; or to facilitate a sale of the vessel or other property pursuant to Local Admiralty
  Rule E(16); the costs of such separation shall be treated as an expense of preservation and
  taxed as a cost of custody.


                                           118
  (c) Disposal of Unclaimed Property. Property incidentally in custody and not
  subsequently claimed by any person entitled to possession, shall be disposed of in
  accordance with the laws governing the disposition of property abandoned to the United
  States of America.

  Except when prohibited by prevailing federal statute, the resulting net proceeds associated
  with the disposition of abandoned property shall be applied to offset the expense of
  administration, with the remainder escheating to the United States of America as provided
  by law.

(13) Dismissal.

     (1)     By Consent. No action may be dismissed pursuant to Fed.R.Civ.P. 41(a) unless
     all costs and expenses of the Court and its officials have first been paid.

     Additionally, if there is more than one plaintiff or intervening plaintiff, no dismissal may
     be taken by a plaintiff unless that party’s proportionate share of costs and expenses has
     been paid in accordance with Local Admiralty Rule E(6).

     (2)     Involuntary Dismissal. If the Court enters a dismissal pursuant to Fed.R.Civ.P.
     41(b), the Court shall also designate the costs and expenses to be paid by the party or
     parties so dismissed.

(14) Judgments.

     (1)    Expenses of Sureties as Costs. If costs are awarded to any party, then all
     reasonable premiums or expenses paid by the prevailing party on bonds, stipulations
     and/or other security shall be taxed as costs in the case.

     (2)     Costs of Arrest or Attachment. If costs are awarded to any party, then all
     reasonable expenses paid by the prevailing party incidental to, or arising from the arrest
     or attachment of any vessel, property and/or cargo shall be taxed as costs in the case.

(15) Stay of Final Order.

  (a) Automatic Stay for Ten (10) Days. In accordance with Fed.R.Civ.P. 62(a), no
  execution shall issue upon a judgment, nor shall seized property be released pursuant to a
  judgment or dismissal, until ten (10) days after the entry of the judgment or order of
  dismissal.

  (b) Stays Beyond the Ten (10) Day Period. If within the ten (10) day period established
  by Fed.R.Civ.P. 62(a), a party files any of the motions contemplated in Fed.R.Civ.P. 62(b),
  or a notice of appeal, then unless otherwise ordered by the Court, a further stay shall exist
  for a period not to exceed thirty (30) days from the entry of the judgment or order. The


                                           119
  purpose of this additional stay is to permit the Court to consider an application for the
  establishment of a supersedeas bond, and to order the date upon which the bond shall be
  filed with the Court.

(16) Notice of Sale.

      (1)    Publication of Notice. In an action in rem or quasi in rem, and except in suits on
      behalf of the United States of America where other notice is prescribed by statute, the
      Marshal shall publish notice in any of the newspapers approved pursuant to Local
      Admiralty Rule A(7).

      (2)     Duration of Publication. Unless otherwise ordered by the Court, applicable
      Supplemental Rule, or Local Admiralty Rule, publication of the notice of sale shall be
      made at least twice; the first publication shall be at least one (1) calendar week prior to
      the date of the sale, and the second at least three (3) calendar days prior to the date of the
      sale.

(17) Sale of a Vessel or Property.

  (a) Payment of the Purchase Price. Unless otherwise provided in the order of sale, the
  person whose bid is accepted shall pay the Marshal the purchase price in the manner
  provided below;

      (1)    If the Bid Is Not More Than $500.00. The successful bidder shall immediately
      pay the full purchase price.

      (2)     If the Bid Is More Than $500.00. The bidder shall immediately deposit with the
      Marshal $500.00, or 10% of the bid, whichever sum is greater. Thereafter the bidder
      shall pay the remaining purchase price within three (3) working days.

      If an objection to the sale is filed within the time permitted by Local Admiralty Rule
      E(17)(g), the successful bidder is excused from paying the remaining purchase price
      until three (3) working days after the Court confirms the sale.

  (b) Method of Payment. Unless otherwise ordered by the Court, payments to the Marshal
  shall be made in cash, certified check or cashier’s check.

  (c) Custodial Costs Pending Payment. When a successful bidder fails to pay the balance
  of the bid within the time allowed by Local Admiralty Rule E (17)(a)(2), or within the time
  permitted by order of the Court, the Marshal shall charge the successful bidder for the cost
  of keeping the property from the date payment of the balance was due, to the date the bidder
  takes delivery of the property.

  The Marshal may refuse to release the property until these additional charges have been
  paid.


                                             120
(d) Default for Failure to Pay the Balance. The person who fails to pay the balance of the
bid within the time allowed shall be deemed to be in default. Thereafter a judicial officer
may order that the sale be awarded to the second highest bidder, or may order a new sale as
appropriate.

Any sum deposited by the bidder in default shall be forfeited, and the amount shall be
applied by the Marshal to any additional costs incurred because of the forfeiture and default,
including costs incident to resale. The balance of the deposit, if any, shall be retained in the
registry and subject to further order of the Court.

(e) Marshal’s Report of Sale. At the conclusion of the sale, the Marshal shall file a written
report of the sale to include the date of the sale, the price obtained, and the name and address
of the buyer.

(f) Confirmation of Sale. Unless an objection is timely filed in accordance with this rule,
or the purchaser is in default for failing to pay the balance of the purchase price, plaintiff
shall proceed to have the sale confirmed on the day following the last day for filing
objections.

In order to confirm the sale, plaintiff’s counsel shall file a “Request for Confirmation of
Sale” on the day following the last day for filing an objection. The “Request for
Confirmation of Sale” shall substantially conform in format and content to the form
identified as SDF 10 in the Appendix to these Local Admiralty Rules. Plaintiff’s counsel
shall also prepare and offer for filing a “Confirmation of the Sale”. The “Confirmation of
Sale” shall substantially conform in format and content to the form identified as SDF 11 in
the Appendix to these Local Admiralty Rules. Thereafter the Clerk shall file and docket the
confirmation and shall promptly transmit a certified copy of the “Confirmation of Sale” to
the Marshal’s office.

Unless otherwise ordered by the Court, if the plaintiff fails to timely file the “Request for
Confirmation of Sale” and proposed “Confirmation of Sale”, the Marshal shall assess any
continuing costs or expenses for custody of the vessel or property against the plaintiff.

(g)     Objections to Confirmation.

      (1)     Time for Filing Objections. Unless otherwise permitted by the Court, an
      objection must be filed within three (3) working days following the sale. The party or
      person filing an objection shall serve a copy of the objection upon the Marshal and all
      other parties to the action, and shall also file a Certificate of Service indicating the date
      and manner of service. Opposition to the objection must be filed within five (5) days
      after receipt of the objection of the sale.

      The Court shall consider the objection, and any opposition to the objection, and shall
      confirm the sale, order a new sale, or grant other relief as appropriate.


                                            121
           (2)     Deposit of Preservation or Maintenance Costs. In addition to filing written
           objections, any person objecting to the sale shall also deposit with the Marshal the cost
           of keeping the property for at least seven (7) days. Proof of the deposit with the
           Marshal’s office shall be delivered to the Clerk’s office by the moving party. The Court
           will not consider the objection without proof of this deposit.

           If the objection is sustained, the objector will be reimbursed for the expense of keeping
           the property from the proceeds of any subsequent sale, and any remaining deposit will
           be returned to the objector upon Court order.

           If the objection is denied, the sum deposited by the objector will be applied to pay the
           fees and expenses incurred by the Marshal in keeping the property from the date the
           objection was filed until the sale is confirmed. Any remaining deposit will be returned
           to the objector upon order of Court.

       (h) Confirmation of Title. Failure of a party to give the required notice of an action and
       arrest of a vessel, property and/or cargo, or failure to give required notice of a sale, may
       afford grounds for objecting to the sale, but such failure does not affect the title of a good
       faith purchaser of the property.

    (18) Post-sale Claim. Claims against the proceeds of a sale authorized by these rules, except
    for seamen’s wages, will not be admitted on behalf of lienors who file their claims after the
    sale.

    Unless otherwise ordered by the Court, any claims filed after the date of the sale shall be
    limited to the remnants and surplus arising from the sale.

Effective Dec. 1, 1994; amended effective April 15, 1998.

                                          Advisory Notes

(1993) E(1). This section continues the provisions of former Local Rule 7(c).

E(2). This section is new. The rules do not require an intervening plaintiff to undertake the formal
steps required to issue the original process of arrest or attachment pursuant to Local Admiralty Rule
B(3) or C(2); rather the Committee believes that intervening parties need only apply for
supplemental process, which in accordance with the August 1, 1985, amendments to Supplemental
Rule (B) and (C), may be issued by the clerk without further order of the Court. The Committee
recommends the re-arrest or re-attachment provisions of this rule in order to accommodate the
administrative and records keeping requirements of the marshal’s office.

The revision also reflects the elimination of the initial security deposit formerly required by Local
Admiralty Rule 5(e). The Marshal shall, however, assess custodial costs against the intervening
plaintiff in accordance with Local Admiralty Rule E(5)(b).



                                                122
E(3). This section continues the provisions of former Local Rule 7(e).

E(4). This section continues the provisions of former Local Rule 6.

E(5). The Marshal, as an officer of the Court whose fiscal affairs are regulated by statute and order,
is precluded by law from expending funds of the United States to maintain custody of vessels or
other property pursuant to claims being asserted by the several states, any foreign sovereigns, or any
private parties. This prohibition extends to incurring obligations which, if not satisfied, otherwise
might be asserted as a claim against the United States. Consequently, before undertaking to arrest
or attach property, the Marshal must receive funds in advance of incurring such obligations
sufficient to satisfy them.

Past experience indicates that not infrequently vessels or other properties arrested for nonpayment
of incurred obligations will be ultimately sold for satisfaction, to the extent possible, of pending
claims. In such cases, substitute security is never given, and the property must be retained in
custody for a sufficient period of time to permit the Court to determine the status of the situation and
to order appropriate procedures. In such instances, custodial costs tend to be substantial and, by the
very nature of the circumstances, the claimants and potential claimants can be both large in number
and will vary markedly in the amounts of their respective individual claims. Apportioning the
obligation to make advances against custodial costs over this range of claims and claimants has
resulted in frequent calls for judicial intervention.

It was the Committee’s view that a system initially self-executing and ministerial would minimize
situations calling for judicial intervention while affording the Marshal the protection of assured and
certain procedures. At the same time, the Committee was strongly of the opinion that the rules
should do substantial equity as between claims showing wide variation in amounts and potential
priorities and, at the same time, should be so structured as to require all potential claimants to come
forward and share in the cost of custody, discouraging the sometime practice of claimants’ waiting
to intervene until the last moment in order to allow other parties to bear the burdens of making such
advances.

A concern was expressed about the position of parties having large, but clearly inferior claims, who,
in equity should not be required to share on a prorated value-of-the-claim-asserted basis with
claimants who have obvious priority. A typical example of such a situation would involve a
mortgagee of a foreign-flag vessel appearing as a claimant in an action along with lien claimants
alleging to have supplied necessaries to a vessel in ports of the United States, the mortgagee’s
position being subordinated by virtue of 46 U.S.C. 951. After considering all possible alternatives,
it was obvious that this limited range of situations could not be addressed through a mechanism for
automatic administration and, consequently, the provision providing for judicial relief in the event
of hardship or inequity was included.

E(6). Section (6) is new. It reflects the approach embodied in the local rules of those districts which
have addressed the question of properties subject to arrest but already in the possession of an officer
of the United States.



                                                  123
E(7). The provisions of section (7) are new. Paragraph (a), following rules promulgated in other
districts, states what is understood by the advisory committee to have been the practice in this
district. Paragraph (b) is designed to mesh the concept of process held in abeyance with the
requirements of Local Rule E(2) regarding intervening claims, and is designed to foreclose the
possibility of a vessel or other property being arrested or attached in the district as a result of more
than one civil action. Since under Local Rule 5(b), the automatic, permissive intervention is not
triggered until the vessel or other property has been arrested, attached or seized, a suit in rem in
which process is held in abeyance will not form the basis for such an intervention. On the other
hand, once the property is arrested, attached or seized, the issuance of process in the earlier suit
would be destructive of the “only one civil action” concept, and, consequently paragraph (b) requires
a party whose process was held in abeyance to refile as an intervenor pursuant to E(2), making
provision for the proper disposition of the earlier action.

E(8). Section (8) continues the provisions of Local Rule 11.

E(9). Section (9) is new. The provisions of Section (j) are expressly authorized by Supplemental
Rule (E)(6) and offer some potential relief from the automatic operations and other provisions of
Supplemental Rule (E) regarding security for value and interest. The decision in Industria Nacional
del Papel, C.A. M V Albert F., 730 F.2d 622 (11th Cir. 1984) indicates that such an application must
be made prior to the entry of judgment.

E(10). Section (10) is new. It is designed to reflect the actual practice in the district, and follows
the rules promulgated in several other districts. In formulating this rule, the Committee studied
Section 6.3 of the “Marshal’s Manual”, the internal operating guide for the United States Marshal’s
Service. Section 10(b) was amended in 1998 to permit substitute custodians to move arrested
vessels, pursuant to an order of the United State Coast Guard Captain of the Port (“COTP”), without
first obtaining permission from the Court. The change was prompted by instances where substitute
custodians declined to obey a COTP order to move an arrested vessel, citing Local Admiralty Rule
E(10)(b) and its requirement that Court permission be first obtained. Any movement of a vessel
pursuant to a COTP order must not take the vessel out of the Southern District of Florida. A
corresponding change was made in Form 5, paragraph (5).

E(11). Section (11) is new. It addresses areas which in recent litigation in the district have called
excessively for interim judicial administration. While the subject matter is covered in the rules
promulgated in other districts, section (11) differs from the approach of other districts in providing
for a more positive control of expenses being incurred in connection with vessels or other property
in the custody of the Court, and is designed to avoid accumulated costs being advanced for the first
time well after having been incurred.

E(12). Section (12) is new. It addresses a situation which has arisen in the district in the past and
which can be foreseen as possibly arising in the future. While the subject is not addressed in other
local rules studied by any oft-cited leading cases, it was the opinion of the Committee that the area
should be addressed by local rule and that the provisions of Section (12) are both consistent with the
general maritime laws of the United States and designed to permit efficient administration without
the necessity for undue judicial intervention. As with the claims of intervenors and the allocation


                                                  124
of deposits against custodial costs, the provisions of Section (12), in keeping with the design of these
local rules, are intended to be essentially self-executing, with the emphasis on the ministerial role
of Court officers and services.

E(13). Section (13) continues the provisions of former Local Rule 17(a). It follows Rule 41,
Fed.R.Civ.P., and addresses the necessarily greater concern for costs and expenses inherent in the
in rem admiralty procedure.

E(14). Section (14) continues the provisions of former Local Rule 13.

E(15). Section (15) incorporates the provisions of former Local Rule 14.

E(16) and (17). The provisions of former Local Rule 4 have been expanded to provide a
standardized procedure governing sales of property, which procedure the Court, at its option, may
utilize, in whole or in part, thus shortening and simplifying orders related to sales and accompanying
procedures.

E(18). Consistent with the provision of Local Rule E(2), this section gives express notice of the
distinct positions of claims pre-sale and post-sale.

RULE F. ACTIONS TO LIMIT LIABILITY

    (1) Publication of the Notice. Immediately upon the commencement of an action to limit
    liability pursuant to Supplemental Rule (F), plaintiff shall, without further order of Court, effect
    publication of the notice in accordance with the provisions set forth in Supplemental Rule
    (F)(4) and Local Admiralty Rule A(7).

    (2) Proof of Publication. Plaintiff shall file proof of publication not later than the return
    date. It shall be sufficient proof for plaintiff to file the sworn statement by, or on behalf of, the
    publisher or editor, indicating the dates of publication, along with a copy or reproduction of the
    actual publication.

    (3) Appraisals Pursuant to Supplemental Rule (F)(7). Upon the filing of a claimant’s
    motion pursuant to Supplemental Rule (F)(7), demanding an increase in the funds deposited in
    Court or the security given by plaintiff, the Court shall order an appraisement of the value of
    the plaintiff’s interest in the vessel and pending cargo.

    Upon receipt of the order directing the appraisal, the parties shall have three (3) working days
    to file a written stipulation to an appraiser. In the event that the parties do not file a stipulation,
    the Court shall appoint the appraiser.

    The appraiser shall promptly conduct an appraisal and thereafter file the appraisal with the
    Clerk and serve a copy of the appraisal upon the moving party and the plaintiff. The appraiser
    shall also file a Certificate of Service indicating the date and manner in which service was
    perfected.


                                                   125
    (4) Objections to the Appraisal. Any party may move to set aside the appraisal within ten
    (10) days following the filing of the appraisal with the Clerk.

    (5) Fees of the Appraiser. The Court shall establish the fee to be paid the appraiser. Unless
    otherwise ordered by the Court, the fee shall be taxed against the party seeking relief under
    Supplemental Rule (F)(7).

Effective Dec. 1, 1994.

                                           Advisory Notes

(1993) F(1). This section incorporates the publication provisions of Local Admiralty Rule A(7), and
applies them to limitation of liability actions. The rule provides for the publication of the notice
required by Supplemental Rule (F)(4) without further order of the Court. The Committee believes
that this self-executing aspect of the rule will save judicial time and at the same time will not impair
the rights of any party or claimant.

F(2). The Committee determined that filing proof of publication with the clerk was essential in order
to establish an adequate record of the publication.

F(3). This section continues in substance the provisions of former Local Admiralty Rule 10.




                           [Remainder of Page Intentionally Left Blank]




                                                  126
                                   APPENDIX OF FORMS.

                          ADMIRALTY AND MARITIME RULES

          FORM 1. ORDER DIRECTING THE ISSUANCE OF THE PROCESS
                   OF ATTACHMENT AND GARNISHMENT


                           UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF FLORIDA
                Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)

                                       “IN ADMIRALTY”



           Plaintiff,

v.


         Defendant.
_________________________


        Pursuant to Supplemental Rule (B)(1) and Local Admiralty Rule B(3)(a), the Clerk is
directed to issue the summons and process of attachment and garnishment in the above-styled action.

      DONE AND ORDERED at ____________, Florida, this ______ day of ____________,
________.

                                                            ______________________________
                                                            United States District Judge


Effective Dec. 1, 1994; amended effective April 15, 2001.


            FORM 2. PROCESS OF ATTACHMENT AND GARNISHMENT

                           UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF FLORIDA
                Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)

                                       “IN ADMIRALTY”


                                               127
           Plaintiff,

v.


         Defendant.
_________________________


                                 PROCESS OF ATTACHMENT
                                    AND GARNISHMENT

       The complaint in the above-styled case was filed in the __________ Division of this Court
on ____________, ______.

       In accordance with Supplemental Rule (B) of Certain Admiralty and Maritime Claims of the
Federal Rules of Civil Procedure and Local Admiralty Rule B, you are directed to attach and garnish
the property indicated below:

                                         DESCRIPTION

        (Describe the property to be attached and garnished in sufficient detail, including location
of   the property, to permit the U.S. Marshal to effect the seizure.)

       You shall also give notice of the attachment and garnishment to every person required by
appropriate Supplemental Rule, Local Admiralty Rule, and the practices of your office.

       DATED at ____________, Florida, this ______ day of ____________, ______.

                                              CLERK

                                              By:___________________
                                              Deputy Clerk

(Name of Plaintiff’s Attorney)
(Florida Bar Number, if admitted in Fla.)
(Firm Name, if applicable)
(Mailing Address)
(City, State & Zip Code)
(Telephone Number)
(Facsimile Number)
(E-Mail Address)


                                                128
                                       SPECIAL NOTICE

       Any person claiming an interest in property seized pursuant to this process of attachment and
garnishment must file a claim in accordance with the post-seizure review provisions of Local
Admiralty Rule B(5).

Effective Dec. 1, 1994; amended effective April 15, 2001.


                           FORM 3. ORDER DIRECTING THE
                        ISSUANCE OF THE WARRANT OF ARREST

                           UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF FLORIDA
                Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)

                                       “IN ADMIRALTY”



           Plaintiff,

v.


         Defendant.
_________________________

                             ORDER DIRECTING THE ISSUANCE
                              OF THE WARRANT OF ARREST
                                   AND/OR SUMMONS

        Pursuant to Supplemental Rule (C)(1) and Local Admiralty Rule C(2)(a), the Clerk is
directed to issue a warrant of arrest and/or summons in the above-styled action.

      DONE AND ORDERED at ____________, Florida, this ______ day of ____________,
________.


                                                      _____________________________________
                                                      United States District Judge

Effective Dec. 1, 1994; amended effective April 15, 2001.



                                                129
                                  FORM 4. WARRANT FOR
                                     ARREST IN REM

                           UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF FLORIDA
                Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)

                                       “IN ADMIRALTY”


           Plaintiff,


v.


         Defendant.
_________________________

                              WARRANT FOR ARREST IN REM

TO THE UNITED STATES MARSHAL
FOR THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA

        The complaint in the above-styled in rem proceeding was filed in the __________ Division
of this Court on ____________, _____.

       In accordance with Supplemental Rule (C) for Certain Admiralty and Maritime Claims of
the Federal Rules of Civil Procedure and Local Admiralty Rule C, you are directed to arrest the
Defendant vessel, her boats, tackle, apparel and furniture, engines and appurtenances, and to detain
the same in your custody pending further order of the Court.

       You shall also give notice of the arrest to all persons required by appropriate Supplemental
Rule, Local Admiralty Rule, and the practices of your office.

       ORDERED at ____________, Florida, this ______ day of ____________, _____.

                                              CLERK

                                              By: ______________________
                                              Deputy Clerk
(Name of Plaintiff’s Attorney)
(Florida Bar Number, if admitted in Fla.)
(Firm Name, if applicable)


                                                130
(Mailing Address)
(City, State & Zip Code)
(Telephone Number)
(Facsimile Number)
(E-Mail Address)

cc: Counsel of Record

                                         SPECIAL NOTICE

        In accordance with Local Admiralty Rule C(6), any person claiming an interest in the vessel
and/or property shall be required to file a claim within ten (10) days after process has been executed,
and shall also be required to file an answer within twenty (20) days after the filing of his claim.

        Any persons claiming an interest in the vessel and/or property may also pursue the
post-arrest remedies set forth in Local Admiralty Rule C(7).

Effective Dec. 1, 1994; amended effective April 15, 2001.


                           FORM 5. MOTION FOR APPOINTMENT
                              OF SUBSTITUTE CUSTODIAN

                            UNITED STATES DISTRICT COURT
                            SOUTHERN DISTRICT OF FLORIDA
                 Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)

                                        “IN ADMIRALTY”



           Plaintiff,

v.


         Defendant.
_________________________

                               MOTION FOR APPOINTMENT OF
                                 SUBSTITUTE CUSTODIAN

       Pursuant to Local Admiralty Rule E(10)(c), Plaintiff ____________________, by and
through the undersigned attorney, represents the following:



                                                 131
       (1) On ____________, _____, Plaintiff initiated the above-styled action against the vessel
____________________________, her boats, tackle, apparel, furniture and furnishings, equipment,
engines and appurtenances.

        (2) On ____________, _____, the Clerk of the District Court issued a Warrant of Arrest
against the vessel ______________________, directing the U.S. Marshal to take custody of the
vessel, and to retain custody of the vessel pending further order of this Court.

        (3)(a) Subsequent to the issuance of the Warrant of Arrest, the marshal will take steps to
immediately seize the vessel. Thereafter, continual custody by the marshal will require the services
of at least one custodian at a cost of at least $____________ per day. (This paragraph would be
applicable only when the motion for appointment is filed concurrent with the complaint and
application for the warrant of arrest.)

                                                 -or-

        (3)(b) Pursuant to the previously issued Warrant of Arrest, the Marshal has already arrested
the vessel. Continued custody by the Marshal requires the services of ____________ custodians at
a cost of at least $____________ per day. (This paragraph would be applicable in all cases where
the Marshal has previously arrested the vessel.)

        (4) The vessel is currently berthed at ____________, and subject to the approval of the
Court, the substitute custodian is prepared to provide security, wharfage, and routine services for
the safekeeping of the vessel at a cost substantially less than that presently required by the Marshal.
The substitute custodian has also agreed to continue to provide these services pending further order
of this Court.

        (5) The substitute custodian has adequate facilities for the care, maintenance and security
of the vessel. In discharging its obligation to care for, maintain and secure the vessel, the Substitute
Custodian shall comply with all orders of the Captain of the Port, United States Coast Guard,
including but not limited to, an order to move the vessel; and any applicable federal, state, and local
laws, regulations and requirements pertaining to vessel and port safety. The Substitute Custodian
shall advise the Court, the parties to the action, and the United States Marshal, of any movement of
the vessel pursuant to an order of the Captain of the Port, within twenty-four (24) hours of such
vessel movement.

       (6) Concurrent with the Court’s approval of the Motion for Appointment of the Substitute
Custodian, Plaintiff and the Substitute Custodian will file a Consent and Indemnification Agreement
in accordance with Local Admiralty Rule E(10)(c)(2).

         THEREFORE, in accordance with the representations set forth in this instrument, and subject
to the filing of the indemnification agreement noted in paragraph (6) above, Plaintiff requests this
Court to enter an order appointing ____________ as the Substitute Custodian for the vessel
______________________.



                                                  132
       DATED at ____________, Florida, this ______ day of ____________, _____.


                                            ____________________________________
                                            SIGNATURE OF COUNSEL OF RECORD
                                            Typed Name of Counsel
                                            Fla. Bar ID No. (if admitted in Fla.)
                                            Firm or Business Name
                                            Mailing Address
                                            City, State, Zip Code
                                            Telephone Number
                                            Facsimile Number
                                            E-Mail Address

cc: Counsel of Record
    Substitute Custodian

                                       SPECIAL NOTE

       Plaintiff’s attorney shall also prepare for the Court’s signature and subsequent filing, a
proposed order for the Appointment of Substitute Custodian.

Effective Dec. 1, 1994; amended effective April 15, 1998; April 15, 2001.


                        FORM 6. CONSENT AND INDEMNIFICATION
                          AGREEMENT FOR THE APPOINTMENT
                             OF A SUBSTITUTE CUSTODIAN

                           UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF FLORIDA
                Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)

                                      “IN ADMIRALTY”



           Plaintiff,

v.


         Defendant.
________________________



                                              133
                     CONSENT AND INDEMNIFICATION AGREEMENT
                              FOR THE APPOINTMENT
                           OF A SUBSTITUTE CUSTODIAN


        Plaintiff ____________________, (by the undersigned attorney) and
____________________, the proposed Substitute Custodian, hereby expressly release the U.S.
Marshal for this district, and the U.S. Marshal’s Service, from any and all liability and responsibility
for the care and custody of ____________________ (describe the property) while in the hands of
____________________ (substitute custodian).

      Plaintiff and ____________________ (substitute custodian) also expressly agree to hold the
U.S. Marshal for this district, and the U.S. Marshal’s Service, harmless from any and all claims
whatsoever arising during the period of the substitute custodianship.

       As counsel of record in this action, the undersigned attorney represents that he has been
expressly authorized by the Plaintiff to sign this Consent and Indemnification Agreement for, and
on behalf of the Plaintiff.

       SIGNED this ______ day of ____________, _______, at ____________, Florida.


_______________________                                        _________________________
PLAINTIFF’S ATTORNEY                                           SUBSTITUTE CUSTODIAN
Typed Name                                                     Typed Name
Fla. Bar ID No. (if admitted in Fla.)                          Fla. Bar ID No. (if admitted in Fla.)
Firm or Business Name                                          Firm or Business Name
Mailing Address                                                Mailing Address
City, State, Zip Code                                          City, State, Zip Code
Telephone Number                                               Telephone Number
Facsimile Number                                               Facsimile Number
E-Mail Address                                                 E-Mail Address

cc: Counsel of Record

Effective Dec. 1, 1994; amended effective April 15, 2001.


                           FORM 7. NOTICE OF ACTION IN REM
                                AND ARREST OF VESSEL

                            UNITED STATES DISTRICT COURT
                            SOUTHERN DISTRICT OF FLORIDA
                 Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)



                                                  134
                                       “IN ADMIRALTY”



           Plaintiff,


v.



         Defendant.
_________________________

                                 NOTICE OF ACTION IN REM
                                  AND ARREST OF VESSEL

        In accordance with Supplemental Rule (C)(4) for Certain Admiralty and Maritime Action
of the Federal Rules of Civil Procedure, and Local Admiralty Rule C(4), notice is hereby given of
the arrest of ____________________, in accordance with a Warrant of Arrest issued on
____________, ________.

         Pursuant to Supplemental Rule (C)(6), and Local Admiralty Rule C(6), any person having
a claim against the vessel and/or property shall file a claim with the Court not later than ten (10)
days after process has been effected, and shall file an answer within twenty (20) days from the date
of filing their claim.

       DATED at ____________, Florida, this ______ day of ____________, ______.


                                              _________________________________________
                                              SIGNED NAME OF PLAINTIFF’S ATTORNEY
                                              Typed Name of Counsel
                                              Fla. Bar ID No. (if admitted in Fla.)
                                              Firm or Business Name
                                              Mailing Address
                                              City, State, Zip Code
                                              Telephone Number
                                              Facsimile Number
                                              E-Mail Address

cc: Counsel of Record

Effective Dec. 1, 1994; amended effective April 15, 2001.



                                                135
                         FORM 8. MOTION FOR RELEASE OF A
                        VESSEL OR PROPERTY IN ACCORDANCE
                           WITH SUPPLEMENTAL RULE (E)(5)

                            UNITED STATES DISTRICT COURT
                            SOUTHERN DISTRICT OF FLORIDA
                 Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)

                                        “IN ADMIRALTY”



           Plaintiff,

v.


         Defendant.
_________________________

                     MOTION FOR RELEASE OF A VESSEL OR
           PROPERTY IN ACCORDANCE WITH SUPPLEMENTAL RULE (E)(5)

        In accordance with Supplemental Rule (E)(5) and Local Admiralty Rule E(8)(b), plaintiff,
on whose behalf property has been seized, requests the Court to enter an Order directing the United
States Marshal for the Southern District of Florida to release the property. This request is made for
the following reasons:

       (Describe the reasons in sufficient detail to permit the Court to enter an appropriate order.)

       DATED at ____________, Florida, this ______ day of ____________, ______.


                                              _________________________________________
                                              SIGNED NAME OF PLAINTIFF’S ATTORNEY
                                              Typed Name of Counsel
                                              Fla. Bar ID No. (if admitted in Fla.)
                                              Firm or Business Name
                                              Mailing Address
                                              City, State, Zip Code
                                              Telephone Number
                                              Facsimile Number
                                              E-Mail Address

cc: Counsel of Record


                                                136
Effective Dec. 1, 1994; amended effective April 15, 2001.


                     FORM 9. ORDER DIRECTING THE RELEASE
                           OF A VESSEL OR PROPERTY
                 IN ACCORDANCE WITH SUPPLEMENTAL RULE (E)(5)

                            UNITED STATES DISTRICT COURT
                            SOUTHERN DISTRICT OF FLORIDA
                 Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)

                                        “IN ADMIRALTY”



           Plaintiff,

v.


         Defendant.
_________________________

                              ORDER DIRECTING THE RELEASE
                        OF A VESSEL OR PROPERTY IN ACCORDANCE
                             WITH SUPPLEMENTAL RULE (E)(5)

        In accordance with Supplemental Rule (E)(5) and Local Admiralty Rule E(8)(a), and
pursuant to the Request for Release filed on ____________, ______, the United States Marshal is
directed to release the vessel and/or property currently being held in his custody in the above-styled
action.

       ORDERED at ____________, Florida, this ______ day of ____________, ______.


                                               _____________________________________
                                               United States District Judge

cc: Counsel of Record

Effective Dec. 1, 1994; amended effective April 15, 2001.




                                                 137
                                  FORM 10. REQUEST FOR
                                  CONFIRMATION OF SALE

                            UNITED STATES DISTRICT COURT
                            SOUTHERN DISTRICT OF FLORIDA
                 Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)

                                        “IN ADMIRALTY”



           Plaintiff,

v.


         Defendant.
_________________________

                          REQUEST FOR CONFIRMATION OF SALE

       Plaintiff, by and through its undersigned attorney certifies the following:

        (1) Date of Sale: In accordance with the Court’s previous Order of Sale, plaintiff represents
that the sale of ____________________ (describe the property) was conducted by the Marshal on
____________, ______.

        (2) Last Day for Filing Objections: Pursuant to Local Admiralty Rule E(17)(g)(1), the last
day for filing objections to the sale was ____________, _____.

       (3) Survey of Court Records: Plaintiff has surveyed the docket and records of this case, and
has confirmed that as of ____________, ______, there were no objections to the sale on file with
the Clerk of Court.

       THEREFORE, in light of the facts presented above, plaintiff requests the Clerk to enter a
Confirmation of Sale and to transmit the confirmation to the Marshal for processing.

       DATED at ____________, Florida, this ______ day of ____________, ______.


                                              _________________________________________
                                              SIGNED NAME OF PLAINTIFF’S ATTORNEY
                                              Typed Name of Counsel
                                              Fla. Bar ID No. (if admitted in Fla.)
                                              Firm or Business Name


                                                138
                                             Mailing Address
                                             City, State, Zip Code
                                             Telephone Number
                                             Facsimile Number
                                             E-Mail Address

cc: Counsel of Record

Effective Dec. 1, 1994; amended effective April 15, 2001.


                          FORM 11. CONFIRMATION OF SALE

                           UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF FLORIDA
                Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)

                                      “IN ADMIRALTY”



           Plaintiff,

v.


         Defendant.
_________________________

                                  CONFIRMATION OF SALE

      The records in this action indicate that no objection has been filed to the sale of property
conducted by the U.S. Marshal on ____________, ______.

       THEREFORE, in accordance with Local Admiralty Rule E(17)(f), the sale shall stand
confirmed as of ____________, ______.

       DONE at ____________, Florida, this ______ day of ____________, ______.


                                             CLERK

                                             By: _____________________
                                             Deputy Clerk



                                               139
cc: U.S. Marshal
    Counsel of Record

Effective Dec. 1, 1994; amended effective April 15, 2001.


                           FORM 12. SUMMONS AND PROCESS
                             OF MARITIME ATTACHMENT
                                 AND GARNISHMENT

                            UNITED STATES DISTRICT COURT
                            SOUTHERN DISTRICT OF FLORIDA
                 Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)


    SUMMONS AND PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT

                              THE PRESIDENT OF THE UNITED
                                   STATES OF AMERICA

TO: THE UNITED STATES MARSHAL FOR THE SOUTHERN DISTRICT OF FLORIDA.

GREETING:

        WHEREAS, on the ______ day of ____________, ______, ____________________ filed
a complaint against ________________________________________________________________
for reasons in said complaint mentioned for the sum of                              and
praying for process of marine attachment and garnishment against the said defendant and
__________ ____________________________,

        WHEREAS, this process is issued pursuant to such prayer and requires that a garnishee shall
serve his answer within twenty (20) days after service of process upon him and requires that a
defendant shall serve his answer within thirty (30) days after process has been executed, whether
by attachment of property or service on the garnishee,

        NOW, THEREFORE, you are hereby commanded that if the said defendant cannot be found
within the District you attach goods, chattels, credits and effects located and to be found at ______
and described as follows: ___________________________________________, or in the hands of
____________________________, the garnishee, up to the amount sued for, to-wit:
                                                                              and how you shall have
executed this process, make known to this Court with your certificate of execution thereof written.

                                              WITNESS THE HONORABLE

                                              __________________________________________
                                              Judge of said Court at __________, Florida,
                                              in said District, this ________ day of

                                                140
                                                __________, ______.

                                                ________________________________, CLERK
                                                BY: ______________________
                                                Deputy Clerk

      NOTE: This process is issued pursuant to Rule B(1) of the Supplemental Rules for Certain
Admiralty and Maritime Claims of the Federal Rules of Civil Procedure.

Effective Dec. 1, 1994; amended effective April 15, 2001.


                              FORM 13. MARITIME SUMMONS
                               TO SHOW CAUSE RESPECTING
                                 INTANGIBLE PROPERTY

                            UNITED STATES DISTRICT COURT
                            SOUTHERN DISTRICT OF FLORIDA
                 Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)


      MARITIME SUMMONS TO SHOW CAUSE RESPECTING INTANGIBLE PROPERTY



            Plaintiff,

vs.


            Defendant(s).


       TO ALL PERSONS having control of the freight of the vessel ____________ or control of
the proceeds of the sale of said vessel or control of the proceeds of the sale of any property
appurtenant thereto or control of any other intangible property appurtenant thereto.

        You are hereby summoned to interpose in writing a claim, by attorney or in proper person,
at the Clerk’s Office in said District within ten (10) days after the service, and therewith or thereafter
within twenty (20) days following such claim or thirty (30) days after the service, whichever is less,
a responsive pleading to the complaint herewith served upon you and to show cause why said
property under your control should not be paid into court to abide the judgment; and you are
required so also to serve copy thereof upon ____________, plaintiff’s attorney(s) whose address is
____________________; or if you do not claim said property then to so serve and show cause why
said property under your control should not be paid into court to abide the judgment.

        The service of this summons upon you brings said property within the control of the Court.

                                                   141
       Service of this summons is ineffective unless made in time to give notice of the required
appearance or such shorter period as the Court may fix by making and signing the form of order
provided below:

                                            WITNESS THE HONORABLE

                                            __________________________________________
                                            Judge of said Court at __________, Florida,
                                            in said District, this ________ day of
                                            ______________, ______.

                                            ______________________________, CLERK
                                            BY: ____________________________
                                            Deputy Clerk

Date:

        Good cause for shortening the periods required by the foregoing summons having been
shown by affidavit of ____________, verified the ______ day of ____________, ______, the period
of notice of the appearance in all respects required by the foregoing summons is hereby fixed as
______ days.

        Dated at ______, Florida, the _______ day of ____________, ______.


                                            ______________________________________
                                            UNITED STATES DISTRICT JUDGE

      NOTE: This summons is issued pursuant to Rule C(3) of the Supplemental Rules for Certain
Admiralty Maritime Claims of the Federal Rules of Civil Procedure.

Effective Dec. 1, 1994; amended effective April 15, 2001.


                            FORM 14. AFFIDAVIT-FOREIGN
                                   ATTACHMENT

                           UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF FLORIDA
                Case No. ____-Civ or Cr-(USDJ’s last name/USMJ’s last name)


           Plaintiff,

v.



                                              142
           Defendant(s).



                                           AFFIDAVIT

                                      (Foreign Attachment)

       This affidavit is executed by the undersigned in order to secure the issuance and execution
of a Writ of Foreign Attachment in the above-styled in personam cause in admiralty.

       As attorney for the above-styled plaintiff, the undersigned does hereby certify to the Court,
the Clerk and the Marshal that the undersigned has made a diligent search and inquiry to ascertain
the name and address of a person or party upon whom can be served process in personam which will
bind the above-styled defendant.

        That based upon such diligent search and inquiry the undersigned has been unable to
ascertain the name and address of any person or party within the Southern District of Florida upon
whom service of process would bind said defendant.

       The Clerk of this Court is hereby requested to issue a Writ of Foreign Attachment and deliver
the same to the Marshal.

      The Marshal is hereby directed to promptly serve said Writ of Foreign Attachment upon
____________________ (name of vessel) which vessel is presently located at
____________________.

                                              _______________________
                                              Attorney for Plaintiff

       Sworn and subscribed to this ______ day of ____________, ______.

                                              Clerk, U.S. District Court
                                              Southern District of Florida

                                              By: ___________________
                                              Deputy Clerk


Effective Dec. 1, 1994; amended effective April 15, 2001.




                                                143
                               MAGISTRATE JUDGE RULES



RULE 1. AUTHORITY OF UNITED STATES MAGISTRATE JUDGES

(a) Duties Under 28 U.S.C. § 636(a). Each United States Magistrate Judge of this Court is
authorized to perform the duties prescribed by 28 U.S.C. § 636(a), and may-

    (1) Exercise all the powers and duties conferred or imposed upon United States
    Commissioners by law and the Federal Rules of Criminal Procedure;

    (2) Administer oaths and affirmations, impose conditions of release under 18 U.S.C. § 3146,
    and take acknowledgements, affidavits, and depositions; and

    (3)    Conduct extraditions proceedings, in accordance with 18 U.S.C. § 3184.

(b) Disposition of Misdemeanor Cases-18 U.S.C. § 3401; Fed.R.Crim.P. 58.
A Magistrate Judge may-

    (1) Arraign and try persons accused of, and sentence persons convicted of, misdemeanors
    committed within this District in accordance with 18 U.S.C. § 3401 and Fed.R.Crim.P. 58;

    (2) Direct the Probation Office of the Court to conduct a presentence investigation in any
    misdemeanor case; and

    (3) Conduct a jury trial in any misdemeanor case where the defendant so requests and is
    entitled to trial by jury under the Constitution and laws of the United States.

(c)     Determination of Non-dispositive Pretrial Matter-28 U.S.C. § 636(b)(1)(A).
A Magistrate Judge may hear and determine any procedural or discovery motion or other pretrial
matter in a civil or criminal case, other than the motions which are specified in subsection 1(d),
infra, of these rules.

(d) Recommendations Regarding Case-Dispositive Motions-28 U.S.C. § 636(b)(1)(B).

    (1) A Magistrate Judge may submit to a District Judge of the Court a report containing
    proposed findings of fact and recommendations for disposition by the District Judge of the
    following pretrial motions in civil and criminal cases:

       A. Motions for injunctive relief, including temporary restraining orders and preliminary and
       permanent injunctions;

       B. Motions for judgment on the pleadings;



                                               144
       C. Motions for summary judgment;

       D. Motions to dismiss or permit the maintenance of a class action;

       E. Motions to dismiss for failure to state a claim upon which relief may be granted;

       F. Motions to involuntarily dismiss an action;

       G. Motions for review of default judgments;

       H. Motions to dismiss or quash an indictment or information made by a defendant; and

       I. Motions to suppress evidence in a criminal case.

    (2) A Magistrate Judge may determine any preliminary matters and conduct any necessary
    evidentiary hearing or other proceeding arising in the exercise of the authority conferred by this
    subsection.

(e)      Prisoner Cases Under 28 U.S.C. §§ 2254 and 2255. A Magistrate Judge may perform any
or all of the duties imposed upon a District Judge by the rules governing proceedings in the United
States District Courts under §§ 2254 and 2255 of Title 28, United States Code. In so doing, a
Magistrate Judge may issue any preliminary orders and conduct any necessary evidentiary hearing
or other appropriate proceeding and shall submit to a District Judge a report containing proposed
findings of fact and recommendations for disposition of the petition by the District Judge. Any
order disposing of the petition may only be made by a District Judge.

(f)     Prisoner Cases Under 42 U.S.C. § 1983. A Magistrate Judge may issue any preliminary
orders and conduct any necessary evidentiary hearing or other appropriate proceeding and shall
submit to a District Judge a report containing proposed findings of fact and recommendation for the
disposition of petitions filed by prisoners challenging the conditions of their confinement.

(g) Special Master References. A Magistrate Judge may be designated by a District Judge to
serve as a special master in appropriate civil cases in accordance with 28 U.S.C. § 636(b)(2) and
Rule 53 of the Federal Rules of Civil Procedure. Upon the consent of the parties, a Magistrate Judge
may be designated by a District Judge to serve as a special master in any civil case, notwithstanding
the limitations of Rule 53(b) of the Federal Rules of Civil Procedure.

(h) Conduct of Trials and Disposition of Civil Cases Upon Consent of the Parties-28 U.S.C.
§ 636(c). Upon the consent of the parties, a full-time Magistrate Judge may conduct any or all
proceedings in any civil case which is filed in this Court, including the conduct of a jury or nonjury
trial, and may order the entry of a final judgment, in accordance with 28 U.S.C. § 636(c). In the
course of conducting such proceedings upon consent of the parties, a Magistrate Judge may hear and
determine any and all pre-trial and post-trial motions which are filed by the parties, including
case-dispositive motions.



                                                 145
(i)     Other Duties. A Magistrate Judge is also authorized to-

      (1) Exercise general supervision of civil and criminal calendars, conduct calendar and status
      calls, and determine motions to expedite or postpone the trial of cases for the District Judges;

      (2) Conduct pretrial conferences, settlement conferences, omnibus hearings, and related
      pretrial proceedings in civil and criminal cases;

      (3) Conduct arraignments in criminal cases not triable by the Magistrate and take not guilty
      pleas in such cases;

      (4) Receive grand jury returns in accordance with Rule 6(f) of the Federal Rules of Criminal
      Procedure;

      (5) Accept waivers of indictment, pursuant to Rule 7(b) of the Federal Rules of Criminal
      Procedure;

      (6)   Conduct voir dire and select petit juries for the Court;

      (7)   Accept petit jury verdicts in civil cases in the absence of a District Judge;

      (8)   Conduct necessary proceedings leading to the potential revocation of probation;

      (9) Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad
      prosequendum, or other orders necessary to obtain the presence of parties, witnesses or
      evidence needed for court proceedings;

      (10) Order the exoneration or forfeiture of bonds;

      (11) Conduct proceedings for the collection of civil penalties of not more than $200 assessed
      under the Federal Boat Safety Act of 1971, in accordance with 46 U.S.C. § 1484(d);

      (12) Conduct examinations of judgment debtors in accordance with Rule 69 of the Federal
      Rules of Civil Procedure;

      (13) Conduct proceedings for initial commitment of narcotics addicts under title III of the
      Narcotic Addict Rehabilitation Act;

      (14) Perform the functions specified in 18 U.S.C. §§ 4107, 4108 and 4109, regarding
      proceedings for verification of consent by offenders to transfer to or from the United States and
      the appointment of counsel therein;

      (15) Preside at naturalization hearings and ceremonies; and

      (16) Perform any additional duty as is not inconsistent with the Constitution and laws of the
      United States.


                                                  146
Effective Dec. 1, 1994; amended effective April 15, 1998.

                                             Comment

(1998) Conforms Rule 1(b)(1) to 1997 amendments to Fed.R.Crim.P. 58.

RULE 2. ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES

All civil and criminal cases in this District shall be filed with the Clerk and assigned to a United
States District Judge in accordance with Rules 1 through 7 of the General Rules of these Local
Rules. Responsibility for the case remains with the District Judge throughout its duration, except
that the Judge may refer to a United States Magistrate Judge any matter within the scope of these
Magistrate Judge Rules.

No specific order of reference shall be required except as otherwise provided in these Magistrate
Judge Rules.

Nothing in these rules shall preclude a District Judge from reserving any proceeding for conduct by
a District Judge rather than a Magistrate Judge.

Effective Dec. 1, 1994.

RULE 3. PROCEDURES BEFORE THE MAGISTRATE JUDGE

(a)     In General. In performing duties for the Court, a Magistrate Judge shall conform to all
applicable provisions of federal statutes and rules, to the general procedural rules of this Court, and
to the requirements specified in any order of reference from a District Judge.

(b) Special Provisions for the Disposition of Civil Cases by a Magistrate Judge on Consent of
the Parties-28 U.S.C. § 636(c).

    (1) Notice. The Clerk of Court shall notify the parties in all civil cases that they may consent
    to have a Magistrate Judge conduct any or all proceedings in the case and order the entry of a
    final judgment. Such notices shall be handed or mailed to the plaintiff or his representative at
    the time an action is filed and to other parties as attachments to copies of the complaint and
    summons, when served. Additional notices may be furnished to the parties at later stages of
    the proceedings, and may be included with pretrial notices and instructions.

    (2) Execution of Consent. The Clerk shall not accept a consent form unless it has been
    signed by all the parties in a case. The plaintiff shall be responsible for securing the execution
    of a consent form by the parties and for filing such form with the Clerk of Court. No consent
    form will be made available, nor will its contents be made known, to any District Judge or
    Magistrate Judge, unless all parties have consented to the reference to a Magistrate Judge. No
    Magistrate Judge, District Judge, or other Court official may attempt to persuade or induce any


                                                 147
    party to consent to the reference of any matter to a Magistrate Judge. This rule, however, shall
    not preclude a District Judge or Magistrate Judge from informing the parties that they may have
    the option of referring a case to a Magistrate Judge.

    (3) References. After the consent form has been executed and filed, the Clerk shall transmit
    it to the District Judge to whom the case has been assigned for consideration of approval and
    possible referral of the case to a Magistrate Judge, by specific order of reference. Once the case
    has been assigned to a Magistrate Judge, the Magistrate Judge shall have the authority to
    conduct any and all proceedings to which the parties have consented and to direct the Clerk of
    Court to enter a final judgment in the same manner as if a District Judge had presided.

Effective Dec. 1, 1994.

RULE 4. REVIEW AND APPEAL

(a) Appeal of Non-dispositive Matters-Government Appeal of Release Order.

    (1) Appeal of Non-dispositive Matters-28 U.S.C. § 636(b)(1)(A). Any party may appeal from
    a Magistrate Judge’s order determining a motion or matter under subsection 1(c) of these rules,
    supra, within ten (10) days after being served with the Magistrate Judge’s order, unless a
    different time is prescribed by the Magistrate Judge or District Judge. Such party shall file with
    the Clerk of Court, and serve on all parties, written objections which shall specifically set forth
    the order, or part thereof, appealed from a concise statement of the alleged error in the
    Magistrate Judge’s ruling, and statutory, rule, or case authority, in support of the moving
    party’s position. Any party may respond to another party’s objections within 10 days after
    being served with a copy thereof, or within such other time as may be allowed by the
    Magistrate Judge or District Judge. Absent prior permission from the Court, no party shall file
    any objections or responses to another party’s objections exceeding twenty (20) pages in length.
    The District Judge shall consider the appeal and shall set aside any portion of the Magistrate
    Judge’s order found to be clearly erroneous or contrary to law. The District Judge may also
    reconsider sua sponte any matter determined by a Magistrate Judge under this rule.

    (2) Government Appeal of Release Order. At the conclusion of a hearing pursuant to 18
    U.S.C.§ 3142 in which a Magistrate Judge has entered an order granting pretrial release, the
    government may make an ore tenus motion that the Magistrate Judge exercise discretion to stay
    the release order for a reasonable time, to allow the government to pursue review or appeal of
    the release order, in accordance with 18 U.S.C. § 3145.

    If a stay is ordered pursuant to this rule, the Clerk/Court Administrator is directed to obtain the
    tape recording or cassette immediately after the hearing and deliver the cassettes or tapes
    promptly to the appropriate court reporter so that an expedited transcript can be delivered to the
    District Judge within forty-eight (48) hours of the hearing at which the release order is entered.
    The United States Attorney’s Office is to pay the court reporter’s charges.

(b) Review of Case-Dispositive Motions and Prisoner Litigation-28 U.S.C. § 636(b)(1)(B). Any
party may object to a Magistrate Judge’s proposed findings, recommendations or report under


                                                 148
subsections 1(d), (e), and (f) of these rules, supra, within 10 days after being served with a copy
thereof, or within such other time as may be allowed by the Magistrate Judge or District Judge.
Such party shall file with the Clerk of Court, and serve on all parties, written objections which shall
specifically identify the portions of the proposed findings, recommendations or report to which
objection is made, the specific basis for such objections, and supporting legal authority. Any party
may respond to another party’s objections within 10 days after being served with a copy thereof, or
within such other time as may be allowed by the Magistrate Judge or District Judge. Absent prior
permission from the Court, no party shall file any objections or responses to another party’s
objections exceeding twenty (20) pages in length. A District Judge shall make a de novo
determination of those portions of the report or specified proposed findings or recommendations to
which objection is made and may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the Magistrate Judge. The District Judge, however, need conduct a new
hearing only in his discretion or where required by law, and may consider the record developed
before the Magistrate Judge, making his own determination on the basis of that record. The District
Judge may also receive further evidence, recall witnesses, or recommit the matter to the Magistrate
Judge with instructions.

(c)     Special Master Reports-28 U.S.C. § 636(b)(2). Any party may seek review of, or action
on, a special master report filed by a Magistrate Judge in accordance with the provisions of Rule
53(e) of the Federal Rules of Civil Procedure.

(d)    Appeal From Judgments in Misdemeanor Cases-18 U.S.C. § 3402 [Deleted]. Replaced
by Fed.R.Crim.P. 58.

(e)    Appeal From Judgments in Civil Cases Disposed of on Consent of the Parties-28 U.S.C.
§ 636(c).

    (1) Appeal to the Court of Appeals. Upon the entry of judgment in any civil case disposed
    of by a Magistrate Judge on consent of the parties under authority of 28 U.S.C. § 636(c) and
    subsection 1(h) of these rules, supra, an aggrieved party shall appeal directly to the United
    States Court of Appeals for this Circuit in the same manner as an appeal from any other
    judgment of this Court.

    (2) Appeal to a District Judge [Deleted]. See Pub.L. No. 104-317 § 207, 110 Stat. 3847
    (Oct. 19, 1996) (repealing 28 U.S.C. § 636(c)(4) and (5).

Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 1997; April 15, 1998; April
15, 1999.

                                             Comments

(1994) Rule 4(a) now conforms to language of 28 U.S.C. § 636(b)(1)(A) and Federal Rule 72.

(1996)[(a)(1)] Prescribes a time within which a party may respond to another party’s objections to
a Magistrate Judge’s order on a non-dispositive motion determined under 28 U.S.C. § 636(b)(1)(A).


                                                 149
(1997)[(a)(2)] Repeals automatic stay provision of government appeal of bond order and recognizes
Magistrate Judge’s authority to exercise discretion to stay release order.

(1998) Rule 4(d) is deleted in favor of Fed.R.Crim.P. 58, but retains a modified title and a
cross-reference to Rule 58 to avoid confusion about the proper procedure for misdemeanor appeals.
Rule 4(e)(2) is deleted to conform to the 1997 amendments to Fed.R.Civ.P. 73(d), 74, 75 and 76,
which abrogated the optional appeal route from a Magistrate Judge to a District Judge.

(1999) Rules 4(a)(1) and (b) amended to impose page limitations on objections, and responses to
objections, to Magistrate Judges’ non-dispositive orders under 28 U.S.C. § 636(b)(1)(A) and reports
and recommendations under 28 U.S.C. § (b)(1)(B).


                                               FORMS


    NOTICE OF RIGHT TO CONSENT TO DISPOSITION OF A CIVIL CASE BY A
                  UNITED STATES MAGISTRATE JUDGE


                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA

        In Accordance with the provisions of 28 U.S.C. § 636(c), you are hereby notified that the
full-time United States Magistrate Judges of this District Court, in addition to their other duties,
may, upon the consent of all the parties in a civil case, conduct any or all proceedings in a civil case,
including a jury or non-jury trial, and order the entry of a final judgment. Copies of appropriate
consent forms for this purpose are available from the Clerk of the Court.

        You should be aware that your decision to consent, or not to consent, to the referral of your
case to a United States Magistrate Judge for disposition is entirely voluntary and should be
communicated solely to the Clerk of the District Court. Only if all the parties to the case consent to
the reference to a Magistrate Judge will either a District Judge or Magistrate Judge be informed of
your decision.

        Your opportunity to have your case disposed of by a Magistrate Judge is subject to the
discretion of the Court. Accordingly, the District Judge to whom your case is assigned must approve
the reference of the case to a Magistrate Judge for disposition, by Order of Reference.

Effective Dec. 1, 1994.

                                                  -----




                                                  150
   CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE

                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA

                                    CASE NO. ____________


________________________)
Plaintiff,              )
                        )
                        )
vs.                     )
                        )
                        )
________________________)
Defendant.              )
________________________)


      CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE

         In accordance with the provisions of 28 U.S.C. § 636(c), the parties to the above-captioned
civil matter hereby waive their right to proceed before a District Judge of this Court and consent to
have a United States Magistrate Judge conduct any and all further proceedings in the case (including
the trial) and order the entry of judgment.

_________________________                                     _________________________

_________________________                                     _________________________

       Any appeal shall be taken to the United States Court of Appeals for this Judicial Circuit, in
accordance with 28 U.S.C. § 636(c)(3), unless all parties further consent, by signing below, to take
any appeal to a District Judge of this Court, in accordance with 28 U.S.C. § 636(c)(4).

_________________________                                     _________________________

_________________________                                     _________________________

NOTE: Return this form to the Clerk of Court only if it has been executed by all parties to the case.

_____________________________________________________________________________




                                                151
                                  ORDER OF REFERENCE

       IT IS HEREBY ORDERED that the above-captioned matter be referred to United States
Magistrate Judge ___________ for the conduct of all further proceedings and the entry of judgment
in accordance with 28 U.S.C. § 636(c) and the foregoing consent of the parties.

______________               ___________________________
Date                         United States Magistrate Judge

Effective Dec. 1, 1994.




                          [Remainder of Page Intentionally Left Blank]




                                              152
SPECIAL RULES GOVERNING THE ADMISSION AND PRACTICE OF ATTORNEYS



RULE 1. QUALIFICATIONS FOR ADMISSION

An attorney is qualified for admission to the bar of this district if the attorney is (1) currently a
member in good standing of The Florida Bar; and (2) has received a passing score on the Uniform
Examination, approved and adopted by the District Examination Committee of the Northern District
of Florida, the Ad Hoc Committee on Attorney Admissions, Peer Review and Attorney Grievance
of the Southern District of Florida, and by the respective Courts, testing knowledge of the Federal
Rules of Criminal and Civil Procedure, the Federal Rules of Evidence, and the law of federal
jurisdiction and venue. The Examination shall also contain sections testing knowledge of the local
rules of the Southern and Northern Districts. Admission to the Southern and Northern Districts
requires successful completion of the applicable local rules section either at the time the Uniform
Examination is given or at such subsequent time that the applicant takes the applicable local rules
section(s). An applicant may take the Examination three times in any calendar year. However, if
the applicant fails to pass the Examination after three attempts, he or she must wait a full calendar
year before reapplying.

Effective Dec. 1, 1994; amended effective Jan. 1, 1996; April 15, 2002.

RULE 2. PROCEDURE FOR APPLYING FOR ADMISSION AND PROOF OF
QUALIFICATIONS

Each applicant for admission shall submit a verified petition setting forth the information specified
on the form provided by the Clerk of this Court, together with an application fee in the amount set
by the court and payable to “U.S. Courts”. A showing of good standing shall be made by The
Florida Bar. The Clerk shall examine such petition to determine that the applicant is qualified for
admission and upon successful completion of the Uniform Examination together with the local rule
section for the Southern District, the Clerk shall require the applicant to sign the oath of admission,
receive the admission fee for the Southern District and shall place such applicant on the roll of
attorneys of the bar of this District. If such applicant has successfully completed the local rules
sections for the Northern District, the Clerk shall provide a sealed copy of the petition for admission
as completed by the applicant with the signed oath, which the applicant may then forward to the
Clerk of the Northern District, together with the appropriate admission fee for admission to the
Northern District.

Effective Dec. 1, 1994; amended effective Jan. 1, 1996.

RULE 3. RETENTION OF MEMBERSHIP IN THE BAR OF THIS COURT

To remain an attorney in good standing of the bar of this Court, each member must remain an active
attorney in good standing of the Florida Bar, specifically including compliance with all requirements
of the Rules Regulating the Florida Bar, as promulgated by the Supreme Court of Florida.


                                                 153
Effective Dec. 1, 1994; amended effective Jan. 1, 1996.

RULE 4. APPEARANCES

A.      Who May Appear Generally. Except when pro hac vice appearance is permitted by the
Court, only members of the Bar of this District may appear as attorneys in the Courts of this District.
Attorneys residing and practicing within this District are expected to be members of the bar of this
Court.

B.      Special or Limited Appearance. Any attorney who is a member in good standing of the
bar of any United States Court, or of the highest Court of any State or Territory or Insular Possession
of the United States, but is not admitted to practice in the Southern District of Florida may, upon
written application, be permitted to appear and participate in a particular case. A certification that
the applicant has studied the local rules shall accompany application together with such appearance
fee as may be required by administrative order. If granted, such limited appearance shall not
constitute formal admission. The application shall designate a member of the bar of this Court who
maintains an office in this District for the practice of law with whom the Court and opposing counsel
may readily communicate regarding the conduct of the case and upon whom papers shall be served.
The application must be accompanied by a written statement consenting to the designation, and the
address and telephone number of the named designee. Provided, however, that upon written motion
and for good cause shown the Court may waive or modify the requirements of such designation.

C.      Government Attorneys. Any full-time U.S. Attorney, Assistant U.S. Attorney, Federal
Public Defender and Assistant Federal Public Defender and attorney employed full time by and
representing the United States government, or any agency thereof, and any Attorney General and
Assistant Attorney General of the State of Florida may appear and participate in particular actions
or proceedings on behalf of the attorney’s employer in the attorney’s official capacity without
petition for admission. Any attorney so appearing is subject to all rules of this Court.

Effective Dec. 1, 1994; amended effective Jan. 1, 1996.

                                             Comments

(1994) Expands right to practice to additional government lawyers.

RULE 5. PEER REVIEW

A.       Purpose. It is recognized that the Court and the bar have a joint obligation to improve the
level of professional performance in the courtroom. To this end, the purposes to be accomplished
through the Ad Hoc Committee on Attorney Admissions, Peer Review and Attorney Grievance (the
“Committee”) are to determine whether individual attorneys are failing to perform to an adequate
level of competence necessary to protect the interests of their clients, to establish and administer a
remedial program designed to raise the competence of an attorney who is not performing adequately,
to refer such attorneys to appropriate institutions and professional personnel for assistance in raising
his or her level of competency, to determine through evaluation, testing or other appropriate means


                                                  154
whether an attorney who has been referred for assistance has attained an adequate level of
competency, and to report to the Court any attorney who refuses to cooperate by participating in a
remedial program to raise his or her level of competence, or fails to achieve an adequate level of
competence within a reasonable time.

B.     Duties and Responsibilities of the Committee.

     1.     Referral. Any District Judge, Magistrate Judge, or Bankruptcy Judge shall refer in
     writing to the Committee the name of any attorney he or she has observed practicing law in a
     manner which raises a significant question as to the adequacy of such attorney’s ability to
     represent clients in a competent manner. The referral shall be accompanied by a statement of
     the reasons why such question is raised.

     2.    Initial Screening. Promptly after receipt of such a reference the Chairman of the
     Committee shall advise the attorney that it has been made. Thereafter an Initial Screening
     Committee shall be selected consisting of three members of the Committee. The Initial
     Screening Committee may request that the attorney meet with it informally to explain the
     circumstances which gave rise to the reference and may conduct such preliminary inquiries as
     it deems advisable. If after such preliminary inquiry the Initial Screening Committee
     determines that further attention is not needed it shall mark the matter “closed” with notation
     explaining its determination. Upon closing a matter the Chairman shall notify the referring
     judge and the attorney.

     3.     Remedial Action. If the Initial Screening Committee deems that the matter warrants
     further action, it shall so advise the Chairman who shall then cause a Review Committee to be
     selected consisting of three members (other than those who served on the Initial Screening
     Committee). The Review Committee may pursue such inquiries as it deems appropriate and
     may recommend to the attorney that the attorney take steps to improve the quality of the
     attorney’s professional performance and if so the nature of the recommended action designed
     to effect such improvement. The attorney shall be advised of any such recommendation in
     writing and be given the opportunity to respond thereto, to seek revision or revocation of the
     recommendation or to suggest alternatives thereto. The Review Committee after receiving such
     response may modify, amend, revoke or adhere to its original recommendation and shall notify
     the attorney of its final recommendation.

     Any attorney who takes exception to the proposed Review Committee’s final recommendation
     shall have the right to have it considered by the full Committee. Any recommendation finally
     promulgated shall be entered in the records of the Committee. The Committee may develop
     an appropriate remedial program, including, but not limited to, mandatory participation in
     continuing legal education programs and participation in group and individual study programs.
     The Committee may monitor the attorney’s progress in following the remedial program
     developed for him or her. If the attorney's lack of competency relates to drug or alcohol abuse,
     the Committee may require the attorney to seek treatment for that condition and require the
     attorney to submit periodic reports from the individuals responsible for such treatment.



                                                155
C.     Referral to the Court. If the Committee finds that there is a substantial likelihood that the
attorney’s continued practice of law may result in serious harm to the attorney’s clients pending
completion of a remedial program, it may recommend that the Court consider limiting or otherwise
imposing appropriate restrictions on the attorney’s continued practice in the district court.

D.      Obligation to Cooperate With Committee. It shall be the obligation of all members of the
bar of this district to cooperate with the Committee so that it may effectively assist members of the
bar to improve the quality of their professional performance. Any member of the bar of this Court,
who is the subject of a reference under Rule 5 or who is asked by the Committee to furnish it with
relevant information concerning such a reference shall regard it to be an obligation as an officer of
this Court to cooperate fully with the Committee which constitutes an official arm of the Court.

E.      Failure to Respond to Committee. If an attorney shall refuse to meet with the Committee,
furnish it with an explanation of the circumstances which gave rise to the referral, or otherwise
cooperate with the Committee, the Court shall be so advised and the attorney’s failure to cooperate
shall be recorded in the records of the Committee. The Committee shall refer to the Court for
appropriate action any attorney who refuses to cooperate in participating in a remedial program, or
who fails to achieve an adequate level of competence within a reasonable time.

F.      Confidentiality. All matters referred to the Committee, all information in the possession
of the Committee and all recommendations or other actions taken by the Committee are matters
relating to the administration of the Court and shall be confidential, and shall be disclosed only by
order of the Court. Correspondence, records and all written material coming to the Committee shall
be retained in an office designated by the Court and are documents of the Court and shall be kept
confidential unless the Court directs otherwise. No statement made by the attorney to the
Committee shall be admissible in any action for malpractice against the attorney, nor shall any part
of the Committee’s investigative files be admissible in such proceedings. No statement made by
the attorney to the Committee shall be admissible in any action under 28 U.S.C. § 2255 collateral
attack for incompetency of counsel in a criminal case, nor shall any part of the Committee’s
investigative files be admissible in proceedings under 28 U.S.C. § 2255. Likewise, any information
given by a client of the attorney to the Committee shall be privileged to the same extent as if the
statements were made by the client to the attorney.

G.      Separation From Disciplinary Proceedings. Nothing contained herein and no action
hereunder shall be construed to interfere with or substitute for any procedure relating to the
discipline of any attorney. Any disciplinary actions relating to the inadequacy of an attorney’s
performance shall occur apart from the proceedings of the Committee in accordance with law and
as directed by the Court.

H.      Committee Immunity. Any Committee determination that a referred attorney is adequately
competent does not render the Committee potentially liable as a guarantor of the validity of that
determination. The Committee is not liable for the misconduct or nonconduct of any referred
attorney. Committee members are immune from prosecution for actions taken within the scope of
the duties and responsibilities of the Committee as prescribed by the Court. Unauthorized disclosure
of confidential information is outside the scope of the Committee’s responsibilities.


                                                156
I.     Report to the Court. Upon completion of the Committee’s activities in respect to each
attorney referred by the Court, the Committee shall make a report to the Court. The Committee shall
make such interim reports or periodic reports relative to its activities as may be requested by the
Court.

Effective Dec. 1, 1994; amended effective April 15, 2000; April 15, 2002.

                                              Comments

(2000) Clarification of the authority and responsibilities of District Judges, Magistrate Judges and
Bankruptcy Judges.

RULE 6. STUDENT PRACTICE

A.     Purpose. The following Rule for Student Practice is designed to encourage law schools to
provide clinical instructions in litigation of varying kinds, and thereby enhance the competence of
lawyers in practice before the United States courts.

B.        Student Requirements. An eligible student must:

     1.      be duly enrolled in a law school;

     2.      have completed at least four semesters of legal studies or the equivalent;

     3.    have knowledge of the Federal Rules of Civil and Criminal Procedure and of Evidence,
     and the Code of Professional Responsibility;

     4.     be enrolled for credit in a law school clinical program which has been certified by the
     court;

     5.     be certified by the dean of the law school, or the dean’s designee, as being of good
     character and sufficient legal ability, and as being adequately trained, in accordance with
     paragraphs 1-4 above, to fulfill his responsibilities as a legal intern to both his client and the
     court;

     6.      be certified by the Court to practice pursuant to this Rule;

     7.     neither ask for nor receive any compensation or remuneration of any kind for his services
     from the person on whose behalf he renders services, but this shall not prevent a lawyer, legal
     aid bureau, law school, public defender agency, or the state from paying compensation to the
     eligible law student (nor shall it prevent any agency from making such charges for its services
     as it may otherwise properly require).




                                                  157
C.        Program Requirements. The program:

     1.     must be a law school clinical practice program for credit, in which a law student obtains
     academic and practice advocacy training, under supervision of qualified attorneys including
     federal or state government attorneys or private petitioners;

     2.      must be certified by the Court;

     3.      must be conducted in such a manner as not to conflict with normal court schedules;

     4.     must be under the direction of a member or members of the regular or adjunct faculty
     of the law school;

     5.    must arrange for the designation and maintenance of an office in this District to which
     may be sent all notices which the Court may from time to time have occasion or need to send
     in connection with this Rule or any legal representation provided pursuant to this Rule.

D.        Supervisor Requirements. A supervising attorney must:

     1.     be a lawyer whose service as a supervising attorney for this program is approved by the
     dean of the law school in which the law student is enrolled and who is a member of The Florida
     Bar in good standing;

     2.      be a member of the Bar of this Court;

     3.      be certified by the Court as a student supervisor;

     4.      be present with the student when required by the Court;

     5.      co-sign all pleadings or other documents filed with this Court;

     6.    assume full personal professional responsibility for a student’s guidance in any work
     undertaken and for the quality of a student’s work, and be available for consultation with
     represented clients;

     7.    assist the student in his preparation to the extent the supervising attorney considers it
     necessary.

E.        Certification of Student, Program and Supervising Attorneys.

     1.      Students.

          (a) Certification by the law school dean or his designee, if said certification is approved
          by the Court, shall be filed with the Clerk of Court, and unless it is sooner withdrawn, shall
          remain in effect until the expiration of 18 months;


                                                   158
          (b) Certification to appear in a particular case may be withdrawn by the Court at any time,
          in the discretion of the Court, and without any showing of cause. Notice of termination may
          be filed with the Clerk of the Court.

     2.      Program.

          (a) Certification of a program by the Court shall be filed with the Clerk of Court and shall
          remain in effect indefinitely unless withdrawn by the Court;

          (b) Certification of a program may be withdrawn by the Court at the end of any academic
          year without cause, or at any time, provided notice stating the cause for such withdrawal is
          furnished to the law school dean.

     3.      Supervising Attorney.

          (a) Certification of a supervising attorney by the law school dean, if said certification is
          approved by the Court, shall be filed with the Clerk of Court, and shall remain in effect
          indefinitely unless withdrawn by the dean or by the Court;

          (b) Certification of a supervising attorney may be withdrawn by the Court at the end of any
          academic year without cause, or at any time upon notice and a showing of cause;

          (c) Certification of a supervising attorney may be withdrawn by the dean at any time by
          mailing of notice to that effect to the Clerk of Court;

          (d) Any judge of this Court retains the authority to withdraw or limit a supervising
          attorney’s participation in any individual case before the judge.

F.        Activities.

     1.    An eligible law student may appear in this Court on behalf of any indigent person if the
     person on whose behalf he is appearing has indicated in writing his consent to that appearance
     and the supervising attorney has also indicated in writing approval of that appearance.

     2.    An eligible law student may also appear in any criminal matter on behalf of the
     government with the written approval of the prosecuting attorney or his authorized
     representative and of the supervising attorney.

     3.    An eligible law student may also appear in this court in any civil matter on behalf of the
     government, with the written approval of the attorney representing that entity.

     4.    In each case, the written consent and approval referred to above shall be filed in the
     record of the case and shall be brought to the attention of the judge.



                                                  159
    5.     The Board of Governors of the Florida Bar shall fix the standards by which indigency
    is determined under this rule upon the recommendation of the largest voluntary bar association
    located in the state judicial circuit in which this program is implemented.

    6.    In addition, an eligible law student may engage in other activities, under the general
    supervision of a member of the Bar of this Court, but outside the personal presence of that
    lawyer, including:

       (a) preparation of pleadings and other documents to be filed in any matter in which the
       student is eligible to appear, but such pleadings or documents must be signed by the
       supervising attorney;

       (b) preparation of briefs, abstracts and other documents to be filed in appellate courts, but
       such documents must be signed by the supervising attorney;

       (c) except when the assignment of counsel in the matter is required by any constitutional
       provision, statute or rule of this court, assistance to indigent inmates of correctional
       institutions or other persons who request such assistance in preparing applications for and
       supporting documents for post-conviction relief. If there is an attorney of record in the
       matter, all such assistance must be supervised by the attorney of record, and all documents
       submitted to the court on behalf of such a client must be signed by the attorney of record;

       (d) each document or pleading must contain the name of the eligible law student who has
       participated in drafting it. If he participated in drafting only a portion of it, that fact may be
       mentioned.

G.     Court Administration. The Chief Judge, or one or more members of the Court appointed
by the Chief Judge, shall act on behalf of the Court in connection with any function of this Court
under this Rule. The Ad Hoc Committee on Attorney Admissions, Peer Review and Attorney
Grievance shall assist the Court to administer this Rule including the review of applications and
continuing eligibility for certification of programs, supervising attorneys, and students.

Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 2002.

                                             Comments

(1996)[D.2.] Deletion of reference to Trial Bar to conform to new Local Rules 1 through 4 of the
Special Rules Governing the Admission and Practice of Attorneys, effective January 1, 1996.

RULE 7. AD HOC COMMITTEE ON ATTORNEY ADMISSIONS, PEER REVIEW AND
ATTORNEY GRIEVANCE

A.     Establishment and Function. There shall be an Ad Hoc Committee on Attorney
Admissions, Peer Review and Attorney Grievance (the “Committee”). Subject to the direction of
the Court, the Committee shall have the authority and perform the functions assigned by these Rules
and shall otherwise assist the Court in the implementation and evaluation of these Rules.


                                                  160
B.       Memberships. The Committee shall consist of a group of law school professors and
attorneys practicing within this district. The Chief Judge, or one or more members of the Court
appointed by the Chief Judge, shall appoint the members of the Committee. The Chief Judge shall
select the Committee Chair. Selections shall be made by Administrative Order entered by the Chief
Judge. All persons appointed to the Committee shall serve at the pleasure of the Court.

Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 2002.

                                            Comments

(1996)[A. and B.2.] Deletion of references to District Trial Experience Committee to conform to
new Local Rules 1 through 4 of the Special Rules Governing the Admission and Practice of
Attorneys, effective January 1, 1996.

RULE 8. EFFECTIVE DATES

These Rules shall become effective and shall apply to all members of and applicants for admission
to the bar as of January 1, 1996.

Effective Dec. 1, 1994; amended effective April 15, 1996.

                                            Comments

(1996) Deletion of reference to Trial Bar to conform to new Local Rules 1 through 4 of the Special
Rules Governing the Admission and Practice of Attorneys, effective January 1, 1996, and to
prescribe uniform effective date for amendments to Special Rules Governing the Admission and
Practice of Attorneys other than Rules 1 through 4, as approved effective April 15, 1996.

FORMS [DELETED]

                                            Comments

(1996) Deletion of Forms 2.I, 2.II, 2.III and 2.IV, dealing with applications for admission to Trial
Bar, in light of Trial Bar’s abolition by adoption of new Local Rules 1 through 4 of the Special
Rules Governing the Admission and Practice of Attorneys, effective January 1, 1996.


                     RULES GOVERNING ATTORNEY DISCIPLINE


                                 PREFATORY STATEMENT

Nothing contained in these rules shall be construed to deny the Court its inherent power to maintain
control over the proceedings conducted before it nor to deny the Court those powers derived from


                                                161
statute, rule or procedure, or other rules of court. When alleged attorney misconduct is brought to
the attention of the Court, whether by a Judge of the Court, any lawyer admitted to practice before
the Court, any officer or employee of the Court, or otherwise, the Court may, in its discretion,
dispose of the matter through the use of its inherent, statutory, or other powers; refer the matter to
an appropriate state bar agency for investigation and disposition; refer the matter to the Ad Hoc
Committee on Attorney Admissions, Peer Review and Attorney Grievance as hereinafter defined;
or take any other action the court deems appropriate. These procedures are not mutually exclusive.

Effective Dec. 1, 1994; amended effective April 15, 2002.

                                               Source

(1993) Ad Hoc Committee on Attorney Discipline.

                                             Comments

(1993) The new rules are intended to substitute for the existing Rules of Disciplinary Enforcement
and Rules of Grievance Committee in their entirety.

(1996) These rules have been amended to delete references to the Code of Professional
Responsibility, and to correctly identify the Rules of Professional Conduct, Chapter 4 of the Rules
Regulating The Florida Bar.


RULE I. STANDARDS FOR PROFESSIONAL CONDUCT

A.      Acts and omissions by an attorney admitted to practice before this Court, individually or in
concert with any other person or persons, which violate the Rules of Professional Conduct, Chapter
4 of the Rules Regulating The Florida Bar shall constitute misconduct and shall be grounds for
discipline, whether or not the act or omission occurred in the course of an attorney/client
relationship. Attorneys practicing before this Court shall be governed by this Court’s Local Rules,
by the Rules of Professional Conduct, as amended from time to time, and, to the extent not
inconsistent with the preceding, the American Bar Association Model Rules of Professional
Conduct, except as otherwise provided by specific Rule of this Court. [Attorneys practicing before
the Court of Appeals shall be governed by that Court’s Local Rules and the American Bar
Association Model Rules of Professional Conduct, except as otherwise provided by Rule of the
Court].

B.      Discipline for misconduct defined in these rules may consist of (a) disbarment, (b)
suspension, (c) reprimand, (d) monetary sanctions, (e) removal from this Court’s roster of attorneys
eligible for practice before this Court, or (f) any other sanction the Court may deem appropriate.

Effective Dec. 1, 1994; amended effective April 15, 1996.




                                                 162
RULE II. AD HOC COMMITTEE ON ATTORNEY ADMISSIONS, PEER REVIEW AND
         ATTORNEY GRIEVANCE

A.      Establishment and Membership. There shall be an Ad Hoc Committee on Attorney
Admissions, Peer Review and Attorney Grievance (the “Committee”), as established under Rule 7
of the Special Rules Governing the Admission and Practice of Attorneys.

B.      Purpose and Function. The purpose and function of the Committee is to conduct, upon
referral by the Court, a District Judge, Magistrate Judge or Bankruptcy Judge of the Court,
investigations of alleged misconduct of any member of the Bar of this Court, or any attorney
appearing and participating in any proceeding before the Court; to conduct, upon referral by the
Court, a District Judge, Magistrate Judge or Bankruptcy Judge of the Court, inquiries and
investigations into allegations of inadequate performance by an attorney practicing before the Court,
as hereinafter provided; to conduct and preside over disciplinary hearings when appropriate and as
hereinafter provided; and to submit written findings and recommendations to the Court or referring
District Judge, Magistrate Judge or Bankruptcy Judge for appropriate action by the Court, except
as otherwise described herein. The members of the Committee, while serving in their official
capacities, shall be considered to be representatives of and acting under the powers and immunities
of the Court, and shall enjoy all such immunities while acting in good faith and in their official
capacities.

C.     Jurisdiction and Powers.

     (1)      The Court may, in its discretion, refer to the Committee any accusation or evidence of
     misconduct by way of violation of the disciplinary rules on the part of any member of the bar
     with respect to any professional matter before this Court for such investigation, hearing, and
     report as the Court deems advisable. [The Court of Appeals may, in addition to or instead of
     referring a disciplinary matter to its own Grievance Committee, refer a complaint to the Chief
     Judge of a District Court for referral to the District Court's Committee.] The Committee may,
     in its discretion, refer such matters to an appropriate State Bar for preliminary investigation,
     or may request the Court to appoint special counsel to assist in or exclusively conduct such
     proceedings, as hereinafter provided in these rules. (See Rule XI, infra.) The Court may also,
     in its discretion, refer to the Committee any matter concerning an attorney's failure to maintain
     an adequate level of competency in his or her practice before this Court, as hereinafter
     provided. (See Rule VIII, infra.) The Committee may under no circumstances initiate and
     investigate such matters without prior referral by the Court.

     (2) The Committee shall be vested with such powers as are necessary to conduct the proper
     and expeditious disposition of any matter referred by the Court, including the power to compel
     the attendance of witnesses, to take or cause to be taken the deposition of any witnesses, and
     to order the production of books, records, or other documentary evidence, and those powers
     described elsewhere in these rules. The Chairman, or in his or her absence each member of the
     Committee, has the power to administer oaths and affirmations to witnesses.

Effective Dec. 1, 1994; amended effective April 15, 2000; April 15, 2002.


                                                 163
                                             Comments

(2000) Clarification of the authority and responsibilities of District Judges, Magistrate Judges and
Bankruptcy Judges.

RULE III. DISCIPLINARY PROCEEDINGS

A.      When misconduct or allegations of misconduct which, if substantiated, would warrant
discipline on the part of an attorney admitted to practice before this Court shall come to the attention
of a District Judge, Magistrate Judge or Bankruptcy Judge of this Court, whether by complaint or
otherwise, the District Judge, Magistrate Judge or Bankruptcy Judge may, in his or her discretion,
refer the matter to the Committee for investigation and, if warranted, the prosecution of formal
disciplinary proceedings or the formulation of such other recommendation as may be appropriate.
[The Court of Appeals may, in addition to or instead of referring a disciplinary matter to its own
Grievance Committee, refer a complaint to the Chief Judge of a District Court for consideration.]

B.      Should the Committee conclude, after investigation and review, that a formal disciplinary
proceeding should not be initiated against an attorney because sufficient evidence is not present or
for any other valid reason, the Committee shall file with the Court a recommendation for disposition
of the matter, whether by dismissal, admonition, deferral, or any other action. In cases of dismissal,
the attorney who is the subject of the investigation need not be notified that a complaint has been
submitted or of its ultimate disposition. All investigative reports, records, and recommendations
generated by or on behalf of the Committee under such circumstances shall remain strictly
confidential.

C.       If the Committee concludes from preliminary investigation, or otherwise, that probable cause
exists, the Committee shall file with the Court a written report of its investigation, stating with
specificity the facts supporting its conclusion, and shall apply to the Court for the issuance of an
order requiring the attorney to show cause within 30 days after service of that order why the attorney
should not be disciplined. The order to show cause shall set forth the particular act or acts of
conduct for which he or she is sought to be disciplined. A copy of the Committee’s written report
should be provided to the attorney along with the show cause order. The accused attorney may file
with the Committee within ten days of service of the order a written response to the order to show
cause. After receipt of the attorney’s response, if any, the Committee may request that the Court
rescind its previously issued order to show cause. If the show cause order is not rescinded, and upon
at least ten days notice, the cause shall be set for hearing before the Committee. A record of all
proceedings before the Committee shall be made, and shall be made available to the attorney. That
record, and all other materials generated by or on behalf of the Committee or in relation to any
disciplinary proceedings before the Committee, shall in all other respects remain strictly confidential
unless and until otherwise ordered by the Court. In the event the attorney does not appear, the
Committee may recommend summary action and shall report its recommendation forthwith to the
Court. In the event that the attorney does appear, he or she shall be entitled to be represented by
counsel, to present witnesses and other evidence on his or her behalf, and to confront and cross
examine witnesses against him. Except as otherwise ordered by the Court or provided in these


                                                  164
Rules, the disciplinary proceedings before the Committee shall be guided by the spirit of the Federal
Rules of Evidence. Unless he or she asserts a privilege or right properly available to him under
applicable federal or state law, the accused attorney may be called as a witness by the Committee
to make specific and complete disclosure of all matters material to the charge of misconduct.

D.      Upon completion of a disciplinary proceeding, the Committee shall make a full written report
to the Court. The Committee shall include its findings of fact as to the charges of misconduct,
recommendations as to whether or not the accused attorney should be found guilty of misconduct
justifying disciplinary actions by the Court, and recommendations as to the disciplinary measures
to be applied by the Court. The report shall be accompanied by a transcript of the proceedings
before the Committee, all pleadings, and all evidentiary exhibits. A copy of the report and
recommendation shall also be furnished the attorney. The Committee’s written report, transcripts
of the proceedings, and all related materials shall remain confidential unless and until otherwise
ordered by the Court.

E.      Upon receipt of the Committee’s finding that misconduct occurred, the Court shall issue an
order requiring the attorney to show cause why the Committee's recommendation should not be
adopted by the Court. The Court may, after considering the attorney’s response, by majority vote
of the active District Judges thereof, adopt, modify, or reject the Committee’s findings that
misconduct occurred, and may either impose those sanctions recommended by the Committee or
fashion whatever penalties provided by the rules which it deems appropriate.

Effective Dec. 1, 1994; amended effective April 15, 2000; April 15, 2002.

                                             Comments

(2000) Clarification of the authority and responsibilities of District Judges, Magistrate Judges and
Bankruptcy Judges.

RULE IV. ATTORNEYS CONVICTED OF CRIMES

A.      Upon the filing with this Court of a certified copy of a judgment of conviction demonstrating
that any attorney admitted to practice before the Court has been convicted in any court of the United
States, or the District of Columbia, or of any state, territory, commonwealth, or possession of the
United States of any serious crime as herein defined, the Court shall enter an order immediately
suspending that attorney, whether the conviction resulted from a plea of guilty, nolo contendere,
verdict after trial, or otherwise, and regardless of the pendency of any appeal. The suspension so
ordered shall remain in effect until final disposition of the disciplinary proceedings to be
commenced upon such conviction. A copy of such order shall be immediately served upon the
attorney. Upon good cause shown, the Court may set aside such order when it appears in the interest
of justice to do so.

B.     The term “serious” crime shall include any felony and any lesser crime a necessary element
of which, as determined by the statutory or common law definition of such crime in the jurisdiction
in which it was entered, involves false swearing, misrepresentation, fraud, deceit, bribery, extortion,


                                                 165
misappropriation, theft, or the use of dishonesty, or an attempt, conspiracy, or solicitation of another
to commit a “serious crime.”

C.     A certified copy of a judgment of conviction of an attorney for any crime shall be conclusive
evidence of the commission of that crime in any disciplinary proceeding instituted against that
attorney based on the conviction.

D.       Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious
crime, the Court may, in addition to suspending that attorney in accordance with the provisions of
this rule, also refer the matter to the Committee for institution of disciplinary proceedings in which
the sole issue to be determined shall be the extent of the final discipline to be imposed as a result
of the conduct resulting in the conviction, provided that a disciplinary proceeding so instituted will
not be brought to final hearing until all appeals from the conviction are concluded.

E.       An attorney suspended under the provisions of this rule will be reinstated immediately upon
the filing of a certificate demonstrating that the underlying conviction of a serious crime has been
reversed, but the reinstatement will not terminate any disciplinary proceedings then pending against
the attorney, the disposition of which shall be determined by the Committee on the basis of all
available evidence pertaining to both guilt and the extent of the discipline to be imposed.

Effective Dec. 1, 1994; amended effective April 15, 2002.

RULE V. DISCIPLINE IMPOSED BY OTHER COURTS

A.      An attorney admitted to practice before this Court shall, upon being subjected to suspension
or disbarment by a court of any state, territory, commonwealth, or possession of the United States,
or upon being subject to any form of public discipline, including but not limited to suspension or
disbarment, by any other court of the United States or the District of Columbia, promptly inform the
Clerk of this Court of such action.

B.      Upon the filing of a certified copy of a judgment or order demonstrating that an attorney
admitted to practice before this Court has been disciplined by another court as described above, this
Court may refer the matter to the Committee for a recommendation for appropriate action, or may
issue a notice directed to the attorney containing:

    1.     A copy of the judgment or order from the other court, and

    2.     An order to show cause directing that the attorney inform this Court, within thirty days
    after service of that order upon the attorney, of any claim by the attorney predicated upon the
    grounds set forth in subsection E, supra, that the imposition of identical discipline by the Court
    would be unwarranted and the reasons therefor.

C.      In the event that the discipline imposed in the other jurisdiction has been stayed there, any
reciprocal disciplinary proceedings instituted or discipline imposed in this Court shall be deferred
until such stay expires.


                                                  166
D.      After consideration of the response called for by the order issued pursuant to subsection B,
supra, or after expiration of the time specified in that order, the Court may impose the identical
discipline or may impose any other sanction the Court may deem appropriate.

E.      A final adjudication in another court that an attorney has been guilty of misconduct shall
establish conclusively the misconduct for purpose of a disciplinary proceeding in this Court, unless
the attorney demonstrates and the Court is satisfied that upon the face of the record upon which the
discipline in another jurisdiction is predicated it clearly appears that:

    1.    the procedure in that other jurisdiction was so lacking in notice or opportunity to be
    heard as to constitute a deprivation of due process; or

    2.     there was such an infirmity of proof establishing misconduct as to give rise to the clear
    conviction that this Court could not, consistent with its duty, accept as final the conclusion on
    that subject; or

    3.     the imposition of the same discipline by this Court would result in grave injustice; or

    4.     the misconduct established is deemed by this Court to warrant substantially different
    discipline.

F.      This Court may at any stage ask the Committee to conduct disciplinary proceedings or to
make recommendations to the Court for appropriate action in light of the imposition of professional
discipline by another court.

Effective Dec. 1, 1994; amended effective April 15, 2002.

RULE VI. DISBARMENT ON CONSENT OR RESIGNATION IN OTHER COURTS

A.      Any attorney admitted to practice before this Court shall, upon being disbarred on consent
or resigning from any other bar while an investigation into allegations of misconduct is pending,
promptly inform the clerk of this Court of such disbarment on consent or resignation.

B.       An attorney admitted to practice before this Court who shall be disbarred on consent or
resign from the bar of any other court of the United States or the District of Columbia, or from the
bar of any state, territory, commonwealth, or possession of the United States while an investigation
into allegations of misconduct is pending shall, upon the filing with this Court of a certified copy
of the judgment or order accepting such disbarment on consent or resignation, cease to be permitted
to practice before this Court and be stricken from the roll of attorneys admitted to practice before
this Court.

Effective Dec. 1, 1994.




                                                167
RULE VII. DISBARMENT ON CONSENT                               WHILE       UNDER       DISCIPLINARY
INVESTIGATION OR PROSECUTION

A.       Any attorney admitted to practice before this Court who is the subject of an investigation
into, or a pending proceeding involving, allegations of misconduct may consent to disbarment, but
only by delivering to this Court an affidavit stating that the attorney desires to consent to disbarment
and that:

     1.    the attorney’s consent is freely and voluntarily rendered; the attorney is not being
     subjected to coercion or duress; the attorney is fully aware of the implications of so consenting;

     2.     the attorney is aware that there is a presently pending investigation or proceeding
     involving allegations that there exist grounds for the attorney’s discipline the nature of which
     the attorney shall specifically set forth;

     3.       the attorney acknowledges that the material facts so alleged are true; and

     4.    the attorney so consents because the attorney knows that if charges were predicated upon
     the matters under investigation, or if the proceeding were prosecuted, the attorney could not
     successfully defend himself.

B.        Upon receipt of the required affidavit, this Court shall enter an order disbarring the attorney.

C.      The order disbarring the attorney on consent shall be a matter of public record. However,
the affidavit required pursuant to the provisions of this rule shall not be publicly disclosed or made
available for use in any other proceeding except upon order of this Court.

Effective Dec. 1, 1994.

RULE VIII. INCOMPETENCE AND INCAPACITY

A.     When it appears that an attorney for whatever reason is failing to perform to an adequate
level of competence necessary to protect his or her client’s interests, the Court may take any
remedial action which it deems appropriate, including but not limited to referral of the affected
attorney to appropriate institutions and professional personnel for assistance in raising the affected
attorney’s level of competency. The Court may also, in its discretion, refer the matter to the
Committee for further investigation and recommendation.

B.      A referral to the Committee of any matter concerning an attorney’s failure to maintain an
adequate level of competency in his or her practice before this Court is not a disciplinary matter and
does not implicate the formal procedures previously described in these Rules. Upon a referral of
this sort, the Committee may request that the attorney meet with it informally and explain the
circumstances which gave rise to the referral and may conduct such preliminary inquiries as it deems
advisable. If after meeting with the attorney and conducting its preliminary inquiries the Committee



                                                    168
determines that further attention is not needed, the Committee shall so notify the referring Judge and
consider all inquiries terminated.

C.       If after meeting with the attorney and conducting its preliminary inquiries the Committee
deems the matter warrants further action, it may recommend to the attorney that the attorney take
steps to improve the quality of his or her professional performance and shall specify the nature of
the recommended action designed to effect such improvement. The attorney shall be advised of any
such recommendation in writing and be given the opportunity to respond thereto, to seek review or
revocation of the recommendation, or to suggest alternatives thereto. The Committee may, after
receiving such response, modify, amend, revoke, or adhere to its original recommendation. If the
attorney agrees to comply with the Committee’s final recommendation, the Committee shall report
to the referring Judge that the matter has been resolved by the consent of the affected attorney. The
Committee may monitor the affected attorney’s compliance with its recommendation and may
request the assistance of the Court in ensuring that the attorney is complying with the final
recommendation.

D.      If the Committee finds that there is a substantial likelihood that the affected attorney’s
continued practice of law may result in serious harm to the attorney’s clients pending completion
of the remedial program, it may recommend that the Court consider limiting or otherwise imposing
appropriate restrictions on the attorney’s continuing practice before the Court. The Court may take
any action which it deems appropriate to effectuate the Committee’s recommendation.

E.      Any attorney who takes exception with the Committee’s final recommendation shall have
the right to have the Court, consisting of the active Judges thereof, consider the recommendation and
the response of the affected attorney. The Court may, after considering the attorney’s response, by
majority vote of the active Judges thereof, adopt, modify, or reject the Committee’s
recommendations as to the necessary remedial actions and may take whatever actions it deems
appropriate to ensure the attorney’s compliance.

F.       All information, reports, records, and recommendations gathered, possessed, or generated
by or on behalf of the Committee in relation to the referral of a matter concerning an attorney’s
failure to maintain an adequate level of competency in his or her practice before this Court shall be
confidential unless and until otherwise ordered by the Court.

G.      Nothing contained herein and no action taken hereunder shall be construed to interfere with
or substitute for any procedure relating to the discipline of any attorney as elsewhere provided in
these rules. Any disciplinary actions relating to the inadequacy of an attorney’s performance shall
occur apart from the proceedings of the Committee in accordance with law and as directed by the
Court.

Effective Dec. 1, 1994; amended effective April 15, 2002.




                                                 169
RULE IX. REINSTATEMENT

A.      After Disbarment or Suspension. An attorney suspended for three months or less shall be
automatically reinstated at the end of the period of suspension upon the filing with this Court of an
affidavit of compliance with the provisions of the order. An attorney suspended for more than three
months or disbarred may not resume the practice of law before this Court until reinstated by order
of the Court.

B.      Time of Application Following Disbarment. An attorney who has been disbarred after
hearing or consent may not apply for reinstatement until the expiration of at least five years from
the effective date of disbarment.

C.      Hearing on Application. Petitions for reinstatement by a disbarred or suspended attorney
under this Rule shall be filed with the Chief Judge of this Court. The Chief Judge may submit the
petition to the Court or may, in his or her discretion, refer the petition to the Committee which shall
within thirty days of the referral schedule a hearing at which the petitioner shall have the burden of
establishing by clear and convincing evidence that he or she has the moral qualifications,
competency, and learning in the law required for admission to practice before this Court and that
his or her resumption of the practice of law will not be detrimental to the integrity and standing of
the bar or the administration of justice, or subversive of the public interest. Upon completion of the
hearing the Committee shall make a full report to the Court. The Committee shall include its
findings of fact as to the petitioner’s fitness to resume the practice of law and its recommendations
as to whether or not the petitioner should be reinstated.

D.      Conditions of Reinstatement. If after consideration of the Committee’s report and
recommendation the Court finds that the petitioner is unfit to resume the practice of law, the petition
shall be dismissed. If after consideration of the Committee’s report and recommendation the Court
finds that the petitioner is fit to resume the practice of law, the Court shall reinstate him, provided
that the judgment may make reinstatement conditional upon the payment of all or part of the costs
of the proceedings, and on the making of partial or complete restitution to all parties harmed by the
petitioner whose conduct led to the suspension or disbarment. Provided further, that if the petitioner
has been suspended or disbarred for five years or more, reinstatement may be conditioned, in the
discretion of the Court, upon the furnishing of proof of competency and learning in the law, which
proof may include certification by the bar examiners of a state or other jurisdiction of the attorney’s
successful completion of an examination for admission to practice subsequent to the date of
suspension or disbarment. Provided further that any reinstatement may be subject to any conditions
which the Court in its discretion deems appropriate.

E.      Successive Petitions. No petition for reinstatement under this Rule shall be filed within one
year following an adverse judgment upon a petition for reinstatement filed by or on behalf of the
same person.

F.    Deposit for Costs of Proceeding. Petitions for reinstatement under this Rule shall be
accompanied by a deposit in an amount to be set from time to time by the Court in consultation with
the Committee to cover anticipated costs of the reinstatement proceeding.


                                                 170
Effective Dec. 1, 1994; amended effective April 15, 2002.

RULE X. ATTORNEYS SPECIALLY ADMITTED

Whenever an attorney applies to be admitted or is admitted to this Court for purposes of a particular
proceeding (pro hac vice), the attorney shall be deemed thereby to have conferred disciplinary
jurisdiction upon this Court for any alleged misconduct arising in the course of or in the preparation
for such a proceeding which is a violation of this Court’s Local Rules and/or the Rules of
Professional Conduct adopted by this Court as provided in these Rules.

Effective Dec. 1, 1994.

RULE XI. APPOINTMENT OF COUNSEL

Whenever, at the direction of the Court or upon request of the Committee, counsel is to be appointed
pursuant to these rules to investigate or assist in the investigation of misconduct, to prosecute or
assist in the prosecution of disciplinary proceedings, or to assist in the disposition of a reinstatement
petition filed by a disciplined attorney, this Court, by a majority vote of the active Judges thereof,
may appoint as counsel any active member of the bar of this Court, or may, in its discretion, appoint
the disciplinary agency of the highest court of the state wherein the Court sits, or other disciplinary
agency having jurisdiction.

Effective Dec. 1, 1994; amended effective April 15, 2002.

RULE XII. SERVICE OF PAPER AND OTHER NOTICES

Service of an order to show cause instituting a formal disciplinary proceeding shall be made by
personal service or by registered or certified mail addressed to the affected attorney at the address
shown on the roll of attorneys admitted to practice before this Court. Service of any other papers
or notices required by these rules shall be deemed to have been made if such paper or notice is
addressed to the attorney at the address shown on the roll of attorneys admitted to practice before
the Court; or to counsel or the respondent’s attorney at the address indicated in the most recent
pleading or document filed by them in the course of any proceeding.

Effective Dec. 1, 1994.

RULE XIII. DUTIES OF THE CLERK

A.     Upon being informed that an attorney admitted to practice before this Court has been
convicted of any crime, the Clerk of this Court shall determine whether the court in which such
conviction occurred has forwarded a certificate of such conviction to this Court. If a certificate has
not been so forwarded, the Clerk of this Court shall promptly obtain a certificate and file it with this
Court.




                                                  171
B.      Upon being informed that an attorney admitted to practice before this Court has been
subjected to discipline by another court, the Clerk of this Court shall determine whether a certified
or exemplified copy of the disciplinary judgment or order has been filed with this Court, and, if not,
the Clerk shall promptly obtain a certified or exemplified copy of the disciplinary judgment or order
and file it with this Court.

C.      Whenever it appears that any person who has been convicted of any crime or disbarred or
suspended or censured or disbarred on consent by this Court is admitted to practice law in any other
jurisdiction or before any other court, this Court shall, within ten days of that conviction,
disbarment, suspension, censure, or disbarment on consent, transmit to the disciplinary authority in
such other jurisdiction, or for such other court, a certificate of the conviction or a certified or
exemplified copy of the judgment or order of disbarment, suspension, censure, or disbarment on
consent, as well as the last known office and residence addresses of the disciplined attorney.

D.     The Clerk of this Court shall, likewise, promptly notify the National Discipline Bank
operated by the American Bar Association of any order imposing public discipline on any attorney
admitted to practice before this Court.

Effective Dec. 1, 1994.




                                                 172